The WLR Daily case summaries
[2021] WLR(D) 643
Queen’s Bench Division
Aelf MSN 242 LLC v De Surinaamse Luchtvaart Maatschappij NV DBA Surinam Airways
[2021] EWHC 3482 (Comm)
2021 Nov 26; Dec 21
Peter MacDonald Eggers QC sitting as a deputy High Court judge
Practice— Claim form— Service out of jurisdiction— Claimant obtaining order to serve foreign national flag carrier out of jurisdiction— Defendant challenging jurisdiction in reliance on state immunity legislation— Defendant having made common law waiver submission to jurisdiction— Whether common law waiver able to constitute appearance in proceedings for purposes of state immunity legislation— Whether defendant accordingly to be held to have submitted to jurisdiction of English court under that legislation— Whether challenge to be allowed— State Immunity Act 1978 (c 33), ss 12(1)(3), 22(2)—
CPR Pt 11