Index card AELF MSN 242 LLC v Surinaamse Luchtvaart Maatschappij NV (trading as Surinam Airways)

AELF MSN 242 LLC v Surinaamse Luchtvaart Maatschappij NV (trading as Surinam Airways)

Hearings

England & Wales

21 Dec 2021 [2021] EWHC 3482 (Comm); [2022] 1 WLR 2181; [2021] WLR(D) 643, QBD (Peter MacDonald Eggers QC sitting as a deputy High Court judge)

Subject Matter

PRACTICE — Claim form — Service out of jurisdiction — Claimant obtaining permission to serve defendant out of jurisdiction — Defendant filing acknowledgment of service and applying for extension of time in which to serve defence but later disputing jurisdiction on state immunity grounds — Whether defendant having submitted to jurisdiction by way of common law waiver — Whether common law waiver constituting appearance in proceedings so as to preclude defendant from objecting to claimant’s non-compliance with special servivce requirements — State Immunity Act 1978 (c 33), ss 12(1)(3), 22(2) — CPR Pt 11

[2021] EWHC 3482 (Comm); [2022] 1 WLR 2181; [2021] WLR(D) 643, QBD

Commentary

Blackstones Civil Practice 2023
Acknowledgment of Service 19.2

Submission to Jurisdiction 19.4

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