The WLR Daily case summaries
[2023] WLR(D) 419
Court of Appeal
CA Indosuez (Switzerland) SA v Afriquia Gaz SA and another
[2023] EWCA Civ 1072
Sir Geoffrey Vos MR, Phillips, Carr LJJ
2023 June 15; Sept 28
Practice— Claim form— Service out of jurisdiction— Party issuing Part 20 claim form against bank in Switzerland during Brexit implementation period on basis of jurisdiction under Lugano Convention— Party serving claim form after implementation period without court’s permission— Whether permission required—
CPR
r 6.33(3)
Conflict of laws— Jurisdiction— Special jurisdiction— Party issuing Part 20 claim form against bank in Switzerland during Brexit implementation period on basis of jurisdiction under Lugano Convention— Whether Part 20 claim within special jurisdiction provision— Whether “third party proceedings” in provision importing sufficiency of connection requirement— Whether jurisdiction founded on provision at date of issue capable of later being lost—
Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007)