Global 5000 Ltd v Wadhawan (Rev 1)

Global 5000 Ltd v Wadhawan (Rev 1)

The claimant failed to establish a good arguable case that the defendant's letter constituted an offer of a personal guarantee, and thus did not satisfy the jurisdictional gateway under CPR PD6B 3.1(6)(c). Service out of the jurisdiction was therefore set aside.

Parties
Claimant: Global 5000 Ltd; Defendant: Mr Sarang Wadhawan
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Commercial Contract Dispute / Application to Set Aside Service Out of Jurisdiction
Outcome
Application granted; service out of jurisdiction set aside
Legal Topics
Jurisdictional Gateways, Service Out of Jurisdiction, Contract of Guarantee, Forum Non Conveniens, Disclosure Obligations
Civil Procedure Contract Law Private International Law Jurisdictional Gateways Service Out of Jurisdiction Contract of Guarantee Forum Non Conveniens Disclosure Obligations

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Parties

Global 5000 Ltd

Claimant

Mr Sarang Wadhawan

Defendant

Procedural Posture

Commercial Contract Dispute / Application to Set Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether there is a good arguable case that the claim is made in respect of a contract governed by English law under CPR PD6B 3.1(6)(c)
  2. 2 Whether the claimant's claim against the defendant has a reasonable prospect of success
  3. 3 Whether England is the most appropriate forum

Ratio Decidendi

The claimant failed to establish a good arguable case that the defendant's letter constituted an offer of a personal guarantee, and thus did not satisfy the jurisdictional gateway under CPR PD6B 3.1(6)(c). Service out of the jurisdiction was therefore set aside.

Court Disposition

Application granted; service out of jurisdiction set aside

Orders

  • Service of proceedings on Mr Wadhawan in India set aside