Deutsche Bank AG v Sebastian Holdings Inc & Anor

Deutsche Bank AG v Sebastian Holdings Inc & Anor

There was no good reason beyond speed and convenience to justify alternative service at the Connecticut property; service should be effected under the Hague Convention as all relevant states are parties. Paragraph 3 of the order permitting alternative service cannot stand.

Parties
Claimant: Deutsche Bank AG; 1st Defendant: Sebastian Holdings Inc; 2nd Defendant (for Costs Purposes Only): Alexander Vik
Jurisdiction
England and Wales
Judgment Date
30 January 2014
Procedural Posture
Commercial / Ruling on Service of Non Party Costs Application
Outcome
Order for alternative service set aside; service must proceed under Hague Convention.
Legal Topics
Service Out of Jurisdiction, Alternative Service, Non Party Costs Orders, Hague Service Convention
Civil Procedure Commercial Law Service Out of Jurisdiction Alternative Service Non Party Costs Orders Hague Service Convention

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Parties

Deutsche Bank AG

Claimant

Sebastian Holdings Inc

1st Defendant

Alexander Vik

2nd Defendant (for Costs Purposes Only)

Procedural Posture

Commercial / Ruling on Service of Non Party Costs Application

Legal Issues

  1. 1 Whether alternative service out of jurisdiction was justified under CPR 6.15(1)
  2. 2 Whether service at Connecticut property complied with English and Connecticut law
  3. 3 Whether there was 'good reason' for alternative service instead of Hague Convention methods

Ratio Decidendi

There was no good reason beyond speed and convenience to justify alternative service at the Connecticut property; service should be effected under the Hague Convention as all relevant states are parties. Paragraph 3 of the order permitting alternative service cannot stand.

Court Disposition

Order for alternative service set aside; service must proceed under Hague Convention.

Orders

  • Paragraph 3 of the order of 3rd December 2013 set aside.
  • Costs to follow the event, subject to further argument.