Satfinance Investment Ltd v Inigo Philbrick & Ors

Satfinance Investment Ltd v Inigo Philbrick & Ors

There was no real issue to be tried against the anchor defendants at the time permission to serve out of jurisdiction was granted, as they would not participate and the claim would proceed by default. Therefore, the gateway for service out of jurisdiction was not satisfied and the order must be set aside.

Parties
Claimant: Satfinance Investment Limited; Defendant: Inigo Philbrick; Defendant: Inigo Philbrick Limited; Defendant: 18 Boxwood Green Limited; Defendant: Athena Art Finance Corp
Jurisdiction
England and Wales
Judgment Date
26 May 2020
Procedural Posture
Civil Commercial/property / Ruling on Application to Set Aside Order for Service Out of Jurisdiction
Outcome
Application granted; order for permission to serve Athena out of the jurisdiction set aside.
Legal Topics
Service Out of Jurisdiction, Necessary or Proper Party Gateway, Forum Conveniens, Default Judgment, Title to Artwork, Security Interests
Civil Procedure Private International Law Commercial Law Service Out of Jurisdiction Necessary or Proper Party Gateway Forum Conveniens Default Judgment Title to Artwork +1 more

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Parties

Satfinance Investment Limited

Claimant

Inigo Philbrick

Defendant

Inigo Philbrick Limited

Defendant

18 Boxwood Green Limited

Defendant

Athena Art Finance Corp

Defendant

Procedural Posture

Civil Commercial/property / Ruling on Application to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether there was a real issue to be tried against anchor defendants for service out of jurisdiction under CPR PD 6B 3.1(3)
  2. 2 Whether England was the appropriate forum for the dispute
  3. 3 Whether the order for permission to serve Athena out of the jurisdiction should be set aside

Ratio Decidendi

There was no real issue to be tried against the anchor defendants at the time permission to serve out of jurisdiction was granted, as they would not participate and the claim would proceed by default. Therefore, the gateway for service out of jurisdiction was not satisfied and the order must be set aside.

Court Disposition

Application granted; order for permission to serve Athena out of the jurisdiction set aside.

Orders

  • Order made by Roth J on 1 November 2019 giving permission to serve Athena Art Finance Corp out of the jurisdiction is set aside.