Motorola Solutions, Inc & Anor v Hytera Communications Corportation Ltd & Ors

Motorola Solutions, Inc & Anor v Hytera Communications Corportation Ltd & Ors

The correspondence between King & Spalding and Steptoe & Johnson in March 2020, objectively construed, amounted to an agreement by Steptoe & Johnson to accept service of any related proceedings, including the Enforcement Proceedings commenced in 2022. Therefore, service of the claim form on Steptoe & Johnson was valid under CPR 6.7(1)(b). The application for a declaration is granted. The non-payment of costs orders does not justify refusing or staying the declaration in the absence of a formal stay application.

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 for Declaration Regarding Service of Claim Form
Outcome
Declaration granted
Legal Topics
Service of Process, Enforcement of Foreign Judgments, Solicitor Authority, Costs Orders, Stay of Proceedings
Civil Procedure Commercial Law Service of Process Enforcement of Foreign Judgments Solicitor Authority Costs Orders Stay of Proceedings

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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 for Declaration Regarding Service of Claim Form

Legal Issues

  1. 1 Whether Steptoe & Johnson LLP agreed to accept service of proceedings on behalf of Hytera for the Enforcement Proceedings commenced in 2022
  2. 2 Whether the claim form was validly served on Hytera Communications Corporation Ltd under CPR 6.7(1)(b)
  3. 3 Whether declaratory relief should be refused or stayed due to non-payment of prior costs orders

Ratio Decidendi

The correspondence between King & Spalding and Steptoe & Johnson in March 2020, objectively construed, amounted to an agreement by Steptoe & Johnson to accept service of any related proceedings, including the Enforcement Proceedings commenced in 2022. Therefore, service of the claim form on Steptoe & Johnson was valid under CPR 6.7(1)(b). The application for a declaration is granted. The non-payment of costs orders does not justify refusing or staying the declaration in the absence of a formal stay application.

Court Disposition

Declaration granted

Orders

  • It is declared that the Claim Form and attendant documents were validly and effectively served on Hytera Communications Corporation Ltd at the offices of Steptoe & Johnson UK LLP, 5 Aldermanbury Square, London EC2V 7HR, pursuant to CPR 6.7(1)(b).