Nautech v CSS Ltd. [2014] 1 JLR 361 (20 March 2014)

Nautech v CSS Ltd. [2014] 1 JLR 361 (20 March 2014)

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.

Citation
[2014] 1 JLR 361
Parties
Plaintiff: Nautech; Defendant: CSS Ltd.
Jurisdiction
Jersey
Judgment Date
20 March 2014
Procedural Posture
Civil / Application for Service Out of Jurisdiction
Outcome
Application for service out of jurisdiction justified
Legal Topics
Service Out of Jurisdiction, Forum Conveniens, Strike Out Application
Civil Procedure Service Out of Jurisdiction Forum Conveniens Strike Out Application

Case Brief

Summary, issues, holding and outcome

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Parties

Nautech

Plaintiff

CSS Ltd.

Defendant

Procedural Posture

Civil / Application for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether service out of jurisdiction is justified under Service of Process Rules, r.7
  2. 2 Whether there is a serious issue to be tried against a non-resident defendant
  3. 3 Whether the legal merits of the claim justify service out

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