Marashen Ltd v Kenvett Ltd & Anor

Marashen Ltd v Kenvett Ltd & Anor

The court set aside the Master's order for alternative service because permission to serve out of the jurisdiction was required and not obtained before the order, and because the facts did not establish exceptional circumstances justifying alternative service within the jurisdiction in a Hague Service Convention case. Mere delay and expense were insufficient.

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
Civil Appeal / Judgment on Appeal From 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, Jurisdiction, Costs Orders
Civil Procedure International Law Service of Process Hague Service Convention Alternative Service Jurisdiction Costs Orders

Case Brief

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Parties

Marashen Limited

Claimant

Kenvett Limited

Defendant

Dmitry Ivanchenko

Third Party / Part 20 Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the court can order alternative service within the jurisdiction on a defendant resident in a Hague Service Convention country without first granting permission to serve out of the jurisdiction
  2. 2 Whether the Hague Service Convention precludes alternative service within the jurisdiction
  3. 3 What threshold applies for alternative service in Hague Service Convention cases—exceptional circumstances or good reason

Ratio Decidendi

The court set aside the Master's order for alternative service because permission to serve out of the jurisdiction was required and not obtained before the order, and because the facts did not establish exceptional circumstances justifying alternative service within the jurisdiction in a Hague Service Convention case. Mere delay and expense were insufficient.

Court Disposition

Appeal allowed in part

Orders

  • Master's order for alternative service set aside
  • Permission granted to serve the s.51 Application on Mr Ivanchenko out of the jurisdiction