The Law Reports (King's Bench Division)
[2024] KB 243
Court of Appeal
CA Indosuez (Switzerland) SA v Afriquia Gaz SA and another
[2023] EWCA Civ 1072
2023 June 15; Sept 28
Sir Geoffrey Vos MR, Phillips, Carr LJJ
Practice— Claim form— Service out of jurisdiction— Party bringing Part 20 claim on basis English courts having jurisdiction under Lugano Convention— Claim form issued during implementation period for United Kingdom’s exit from European Union but served after end of such period— Whether court’s permission required to serve claim form outside jurisdiction—
CPR
r 6.33(3)
Conflict of laws— Jurisdiction— Special jurisdiction— Party bringing Part 20 claim on basis English courts having jurisdiction under Lugano Convention— Whether English courts having jurisdiction— Whether necessary to establish close connection between Part 20 claim and main proceedings— Whether jurisdiction founded at date of issue of Part 20 claim capable of later being lost—
Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), art 6(2)