Fiona Havlish Et Al. v Islamic Republic of Iran Et Al.

Fiona Havlish Et Al. v Islamic Republic of Iran Et Al.

Exceptional circumstances exist due to the Iranian authorities' deliberate obstruction of service and the risk of diplomatic harm. The court's power under CPR 6.16 should be exercised to dispense with service, as refusal would deprive claimants of recourse and allow defendants to evade proceedings without substantive basis. The claimants' undertaking to take steps to bring the proceedings to the defendants' attention further justifies dispensing with service.

Parties
Claimant: Fiona Havlish et al.; Defendant: Islamic Republic of Iran et al.
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Commercial Enforcement Application / Application for Order Dispensing With Service of Claim Form
Outcome
Application granted
Legal Topics
Service of Process, Enforcement of Foreign Judgments, State Immunity Act, Exceptional Circumstances for Dispensing With Service
Civil Procedure International Law State Immunity Service of Process Enforcement of Foreign Judgments State Immunity Act Exceptional Circumstances for Dispensing With Service

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Parties

Fiona Havlish et al.

Claimant

Islamic Republic of Iran et al.

Defendant

Procedural Posture

Commercial Enforcement Application / Application for Order Dispensing With Service of Claim Form

Legal Issues

  1. 1 Whether the court should dispense with service of the claim form under CPR 6.16 due to exceptional circumstances
  2. 2 Whether dispensing with service is consistent with section 12 of the State Immunity Act 1978

Ratio Decidendi

Exceptional circumstances exist due to the Iranian authorities' deliberate obstruction of service and the risk of diplomatic harm. The court's power under CPR 6.16 should be exercised to dispense with service, as refusal would deprive claimants of recourse and allow defendants to evade proceedings without substantive basis. The claimants' undertaking to take steps to bring the proceedings to the defendants' attention further justifies dispensing with service.

Court Disposition

Application granted

Orders

  • Service of the claim form and related documents is dispensed with under CPR 6.16, subject to corrections discussed with counsel.