Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd [2019] EWHC 2658 (Comm) (10 October 2019)

Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd [2019] EWHC 2658 (Comm) (10 October 2019)

Permission for alternative service is granted due to the need for prompt and effective enforcement, the inability to serve Xiang Da's directors personally, and the appropriateness of service on solicitors still on record. Costs are awarded on the indemnity basis because Xiang Da acted out of the norm by breaching exclusive jurisdiction clauses and pursuing vexatious foreign proceedings.

Citation
[2019] EWHC 2658 (Comm)
Parties
Claimant: Clearlake Shipping Pte Ltd; Claimant: Gunvor Singapore Pte Ltd; Defendant: Xiang Da Marine Pte Ltd
Jurisdiction
England and Wales
Judgment Date
10 October 2019
Procedural Posture
Commercial Court Proceedings / Judgment on Consequential Matters Following Interim Anti Suit Injunctions
Outcome
Clearlake and Gunvor granted permission for alternative service; costs awarded on indemnity basis; payment on account of costs ordered.
Legal Topics
Anti Suit Injunctions, Alternative Service, Costs Assessment, Exclusive Jurisdiction Clauses, Vexatious Proceedings
Commercial Law Civil Procedure Anti Suit Injunctions Alternative Service Costs Assessment Exclusive Jurisdiction Clauses Vexatious Proceedings

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Parties

Clearlake Shipping Pte Ltd

Claimant

Gunvor Singapore Pte Ltd

Claimant

Xiang Da Marine Pte Ltd

Defendant

Procedural Posture

Commercial Court Proceedings / Judgment on Consequential Matters Following Interim Anti Suit Injunctions

Legal Issues

  1. 1 Whether to grant permission for alternative service of the order
  2. 2 Whether costs should be assessed on the standard or indemnity basis
  3. 3 Precise form of interim injunctions

Ratio Decidendi

Permission for alternative service is granted due to the need for prompt and effective enforcement, the inability to serve Xiang Da's directors personally, and the appropriateness of service on solicitors still on record. Costs are awarded on the indemnity basis because Xiang Da acted out of the norm by breaching exclusive jurisdiction clauses and pursuing vexatious foreign proceedings.

Court Disposition

Clearlake and Gunvor granted permission for alternative service; costs awarded on indemnity basis; payment on account of costs ordered.

Orders

  • Interim injunctions in specified form granted to Clearlake and Gunvor against Xiang Da.
  • Permission for alternative service of the order on Xiang Da and its directors by post, hand, or email.