Maywal Ltd. v. Nautech Servs. [2014] 2 JLR 527 (25 September 2014)
- Citation
- [2014] 2 JLR 527
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application for Service Out of Jurisdiction
More details
- Posture
- Civil / Application for Service Out of Jurisdiction
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Each cause of action in a claim containing several causes must independently satisfy the test for service out of jurisdiction.
Court disposition
application for service out of jurisdiction considered; each cause of action must satisfy test
02
Material facts
Parties
Maywal Ltd.
PlaintiffNautech Servs.
Defendant03
Procedural history
Posture
Civil / Application for Service Out of Jurisdiction
04
Questions and positions
Legal issues
- 01
Whether service out of jurisdiction is justified under Service of Process Rules, r.7
- 02
Whether each cause of action in a multi-cause claim must independently satisfy the test for service out
Party arguments
- Applicant
- Plaintiff asserts that the claim falls within Service of Process Rules, r.7, that there is a serious issue to be tried against the non-resident defendant, and that Jersey is the forum conveniens.
- Respondent
- Defendant challenges whether the claim meets the requirements for service out of jurisdiction and whether each cause of action satisfies the necessary test.
05
Court’s reasoning
Legal principles
- 01
Service of Process Rules, r.7
Service out of jurisdiction is justified if (a) the plaintiff shows a good arguable case that the claim falls within Service of Process Rules, r.7; (b) there is a serious issue to be tried against the non-resident defendant; and (c) Jersey is the forum conveniens.
06
Ratio, limits and disposition
Ratio decidendi
Each cause of action in a claim containing several causes must independently satisfy the test for service out of jurisdiction.
Court disposition
application for service out of jurisdiction considered; each cause of action must satisfy test
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Maywal Ltd. v. Nautech Servs. [2014] 2 JLR 527 (25 September 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142527.html Cite as: [2014] 2 JLR 527 [ New search ] [ Help ] Maywal Ltd. v. Nautech Servs. 2014 (2) JLR 527 (25 September 2014) Civil Procedure-service out of jurisdiction-test-service out justified if (a) plaintiff shows good arguable case that claim falls within Service of Process Rules, r.7; (b) serious issue to be tried against non-resident defendant; and (c) Jersey is forum conveniens-if claim contains several causes of action, each cause must satisfy test for service out The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 527 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142527.html
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