Nautech v CSS Ltd. [2014] 1 JLR 361 (20 March 2014)
- Citation
- [2014] 1 JLR 361
- 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
Service out of jurisdiction is justified if the claim falls within Service of Process Rules, r.7, there is a serious issue to be tried, legal merits are considered, and Jersey is forum conveniens.
Court disposition
Application for service out of jurisdiction justified
02
Material facts
Parties
Nautech
PlaintiffCSS Ltd.
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 there is a serious issue to be tried against a non-resident defendant
- 03
Whether the legal merits of the claim justify service out
- 04
Whether Jersey is the forum conveniens
Party arguments
- Applicant
- Plaintiff argues that the claim falls within Service of Process Rules, r.7, there is a serious issue to be tried, and Jersey is the appropriate forum.
- Respondent
- Defendant likely contests service out, possibly arguing lack of serious issue or that Jersey is not forum conveniens.
05
Court’s reasoning
Legal principles
- 01
Service of Process Rules, r.7; Royal Court Rules 2004, r.6/13
Service out of jurisdiction is justified if plaintiff shows good arguable case that claim falls within Service of Process Rules, r.7; there is a serious issue to be tried; court may consider legal merits, e.g. strike-out application under Royal Court Rules 2004, r.6/13; and Jersey is forum conveniens.
06
Ratio, limits and disposition
Ratio decidendi
Service out of jurisdiction is justified if the claim falls within Service of Process Rules, r.7, there is a serious issue to be tried, legal merits are considered, and Jersey is forum conveniens.
Court disposition
Application for service out of jurisdiction justified
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 >> Nautech v CSS Ltd. [2014] 1 JLR 361 (20 March 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR141361.html Cite as: [2014] 1 JLR 361 [ New search ] [ Help ] Nautech v CSS Ltd. 2014 (1) JLR 361 (20 March 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; (c) court may consider legal merits of claim, e.g. whether strike-out application under Royal Court Rules 2004, r.6/13 might succeed; and (d) Jersey is forum conveniens 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 (1) JLR 361 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR141361.html
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