Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) (11 November 2022)

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) (11 November 2022)

The correspondence between King & Spalding and Steptoe & Johnson in March 2020 constituted an agreement by Steptoe & Johnson to accept service of any related English proceedings on behalf of Hytera, including the Enforcement Proceedings commenced in 2022. The declaration sought by Motorola as to valid service is therefore granted. The non-payment of costs orders does not justify refusal of the declaration or imposition of a stay in the absence of a formal application.

Citation
[2022] EWHC 2887 (Comm)
Parties
Claimant: Motorola Solutions, Inc.; Claimant: Motorola Solutions Malaysia SDN. BHD; Defendant: Hytera Communications Corporation Ltd.; Defendant: Hytera America, Inc.; Defendant: Hytera Communications America (West), Inc.
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Commercial Enforcement Application / Interlocutory Application for Declaration Regarding Service of Claim Form
Outcome
Declaration granted
Legal Topics
Service of Process, Enforcement of Foreign Judgments, Solicitor Authority, Costs Orders, Jurisdiction
Civil Procedure Commercial Law Service of Process Enforcement of Foreign Judgments Solicitor Authority Costs Orders Jurisdiction

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Parties

Motorola Solutions, Inc.

Claimant

Motorola Solutions Malaysia SDN. BHD

Claimant

Hytera Communications Corporation Ltd.

Defendant

Hytera America, Inc.

Defendant

Hytera Communications America (West), Inc.

Defendant

Procedural Posture

Commercial Enforcement Application / Interlocutory Application for Declaration Regarding Service of Claim Form

Legal Issues

  1. 1 Whether Steptoe & Johnson UK LLP agreed to accept service of proceedings on behalf of Hytera for the Enforcement Proceedings commenced in 2022
  2. 2 Whether the declaration as to valid service should be granted despite non-payment of prior costs orders

Ratio Decidendi

The correspondence between King & Spalding and Steptoe & Johnson in March 2020 constituted an agreement by Steptoe & Johnson to accept service of any related English proceedings on behalf of Hytera, including the Enforcement Proceedings commenced in 2022. The declaration sought by Motorola as to valid service is therefore granted. The non-payment of costs orders does not justify refusal of the declaration or imposition of a stay in the absence of a formal application.

Court Disposition

Declaration granted

Orders

  • Declaration that the Claim Form and attendant documents were validly and effectively served on Hytera Communications Corporation Limited at the offices of Steptoe & Johnson UK LLP pursuant to CPR 6.7(1)(b)