Ourspace Ventures Ltd v Halliwell

Ourspace Ventures Ltd v Halliwell

The defendant did not submit to the jurisdiction by procedural conduct or delay; the court exercised its discretion to extend time for the jurisdiction challenge. Clause 17.3, properly construed, is an asymmetric jurisdiction clause for the claimant's benefit, allowing the claimant to bring proceedings in England...

Source-derived case information.

Parties
Claimant: Ourspace Ventures Limited; Defendant: Mr Kevan Halliwell
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Commercial Enforcement (personal Guarantee) / Ruling on Application to Contest Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction, Personal Guarantee, Interpretation of Contracts, Relief From Sanctions
Commercial Law Civil Procedure Jurisdiction Personal Guarantee Interpretation of Contracts Relief From Sanctions

Source-derived case record

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Parties

Ourspace Ventures Limited

Claimant

Mr Kevan Halliwell

Defendant

Procedural Posture

Commercial Enforcement (personal Guarantee) / Ruling on Application to Contest Jurisdiction

Legal Issues

  1. 1 Whether the defendant submitted to the jurisdiction before making the application
  2. 2 Whether an extension of time should be granted for making the application to contest jurisdiction
  3. 3 Proper construction of clause 17.3 regarding jurisdiction and the effect of a Litigation Notice

Ratio Decidendi

The defendant did not submit to the jurisdiction by procedural conduct or delay; the court exercised its discretion to extend time for the jurisdiction challenge. Clause 17.3, properly construed, is an asymmetric jurisdiction clause for the claimant's benefit, allowing the claimant to bring proceedings in England despite the Litigation Notice. The application to contest jurisdiction is dismissed.

Court Disposition

Application dismissed

Orders

  • Relief from sanctions granted and time for making the application extended
  • Application contesting jurisdiction dismissed