Friis & Anor v Colburn [2009] EWHC 903 (Ch) (01 May 2009)

Friis & Anor v Colburn [2009] EWHC 903 (Ch) (01 May 2009)

Despite a good arguable case for jurisdiction, the court determined England is not the appropriate forum due to ongoing proceedings and enforceability issues in the US and Holland, oppressive costs, and risk of conflicting orders. The court exercised its discretion to set aside the order for service out of jurisdiction.

Citation
[2009] EWHC 903 (Ch)
Parties
Claimant/respondent: Janus Friis; Claimant/respondent: Niklas Zennstrom; Defendant/applicant: Pamela Colburn
Jurisdiction
England and Wales
Judgment Date
01 May 2009
Procedural Posture
Application to Set Aside Order for Service Out of Jurisdiction / Post Interlocutory, Jurisdictional Challenge
Outcome
Order for service out of jurisdiction set aside; proceedings in England dismissed.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Breach of Confidence, Forum Non Conveniens, Disclosure Obligations
Civil Procedure Confidentiality Private International Law Jurisdiction Service Out of Jurisdiction Breach of Confidence Forum Non Conveniens Disclosure Obligations

Case Brief

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Parties

Janus Friis

Claimant/respondent

Niklas Zennstrom

Claimant/respondent

Pamela Colburn

Defendant/applicant

Procedural Posture

Application to Set Aside Order for Service Out of Jurisdiction / Post Interlocutory, Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court has jurisdiction to determine the claim against a US resident
  2. 2 Whether the claim falls within CPR rule 6.36 gateways for service out of jurisdiction
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

Despite a good arguable case for jurisdiction, the court determined England is not the appropriate forum due to ongoing proceedings and enforceability issues in the US and Holland, oppressive costs, and risk of conflicting orders. The court exercised its discretion to set aside the order for service out of jurisdiction.

Court Disposition

Order for service out of jurisdiction set aside; proceedings in England dismissed.

Orders

  • Order of Master Teverson dated 29th October 2008 set aside.
  • Proceedings in England dismissed.