Phillips & Ors v Symes & Ors [2005] EWHC 1880 (Ch) (19 August 2005)

Phillips & Ors v Symes & Ors [2005] EWHC 1880 (Ch) (19 August 2005)

Service on Mrs Nussberger was not fully compliant due to the removal of the original English Claim Form by the Swiss court clerk, but the court held that the documents served were sufficient for valid service under English and Swiss law, and that the English court was first seised for Lugano Convention purposes as of 19 January 2005. Service on Nefer was not effected due to Swiss postal error, but the court declined to retrospectively validate service or order alternative service with retrospective effect, in line with Knauf v Peters. The court exercised its discretion to validate service on Mrs Nussberger but not on Nefer.

Citation
[2005] EWHC 1880 (Ch)
Parties
Claimant: Jonathan Guy Anthony Phillips; Claimant: Robert Andrew Harland; Defendant: Robin James Symes; Defendant: Frieda Nussberger; Defendant: Galerie Nefer AG; Defendant: Geoff Rowley; Defendant: Kevin Hellard; Defendant: Bracher Rawlins (a firm)
Jurisdiction
England and Wales
Judgment Date
19 August 2005
Procedural Posture
Chancery Division Civil Claim / Interlocutory Application Regarding Service and Jurisdiction
Outcome
Application granted in part, refused in part
Legal Topics
Service of Process, Jurisdiction Under Lugano Convention, Hague Convention on Service, Bankruptcy, Partnership Disputes, Freezing Orders
Civil Procedure Private International Law Insolvency Partnership Law Service of Process Jurisdiction Under Lugano Convention Hague Convention on Service Bankruptcy +2 more

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Parties

Jonathan Guy Anthony Phillips

Claimant

Robert Andrew Harland

Claimant

Robin James Symes

Defendant

Frieda Nussberger

Defendant

Galerie Nefer AG

Defendant

Geoff Rowley

Defendant

Kevin Hellard

Defendant

Bracher Rawlins (a firm)

Defendant

Procedural Posture

Chancery Division Civil Claim / Interlocutory Application Regarding Service and Jurisdiction

Legal Issues

  1. 1 Whether service of the English Claim Form on Mrs Nussberger and Nefer was valid under the Hague Convention and CPR
  2. 2 Whether the English court was first seised for the purposes of Article 21 of the Lugano Convention
  3. 3 Whether alternative or dispensed service should be ordered on Nefer

Ratio Decidendi

Service on Mrs Nussberger was not fully compliant due to the removal of the original English Claim Form by the Swiss court clerk, but the court held that the documents served were sufficient for valid service under English and Swiss law, and that the English court was first seised for Lugano Convention purposes as of 19 January 2005. Service on Nefer was not effected due to Swiss postal error, but the court declined to retrospectively validate service or order alternative service with retrospective effect, in line with Knauf v Peters. The court exercised its discretion to validate service on Mrs Nussberger but not on Nefer.

Court Disposition

Application granted in part, refused in part

Orders

  • Declaration that service on Mrs Nussberger on 19 January 2005 was valid and the English court was first seised as to her
  • Application for retrospective validation or alternative service on Nefer refused