Marashen Ltd v Kenvett Ltd & Anor [2017] EWHC 1706 (Ch) (06 July 2017)

Marashen Ltd v Kenvett Ltd & Anor [2017] EWHC 1706 (Ch) (06 July 2017)

Permission to serve out of jurisdiction must be granted before alternative service within jurisdiction can be ordered against a foreign defendant. The Hague Service Convention does not preclude alternative service within jurisdiction, but such orders should only be made in exceptional circumstances. The Master's order for alternative service was set aside because permission to serve out had not been granted, but the court granted permission to serve out and considered whether alternative service was justified under the correct threshold.

Citation
[2017] EWHC 1706 (Ch)
Parties
Claimant: Marashen Limited; Defendant: Kenvett Limited; Third Party / Part 20 Defendant: Dmitry Ivanchenko
Jurisdiction
England and Wales
Judgment Date
06 July 2017
Procedural Posture
Appeal / Judgment on Appeal Against Order Refusing to Set Aside Alternative Service and Costs Order
Outcome
Appeal allowed in part
Legal Topics
Service of Process, Hague Service Convention, Alternative Service, Non Party Costs Orders
Civil Procedure International Law Service of Process Hague Service Convention Alternative Service Non Party Costs Orders

Case Brief

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Parties

Marashen Limited

Claimant

Kenvett Limited

Defendant

Dmitry Ivanchenko

Third Party / Part 20 Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Order Refusing to Set Aside Alternative Service and Costs Order

Legal Issues

  1. 1 Whether permission to serve out of jurisdiction is required before alternative service within jurisdiction can be ordered
  2. 2 Whether CPR 6.15 allows alternative service within jurisdiction in Hague Service Convention cases
  3. 3 What threshold applies for alternative service in Hague Service Convention cases

Ratio Decidendi

Permission to serve out of jurisdiction must be granted before alternative service within jurisdiction can be ordered against a foreign defendant. The Hague Service Convention does not preclude alternative service within jurisdiction, but such orders should only be made in exceptional circumstances. The Master's order for alternative service was set aside because permission to serve out had not been granted, but the court granted permission to serve out and considered whether alternative service was justified under the correct threshold.

Court Disposition

Appeal allowed in part

Orders

  • Order for service by alternative method set aside
  • Permission granted to serve s.51 Application out of jurisdiction