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United Kingdom
CPR 6.15/6.37: alternative service on foreign defendants, treaty considerations, permission to serve out and retrospective validation - Goshawk Aviation v Terra (Commercial Court, England and Wales)
Published on: 28 April 2021
Published by a LexisNexis Dispute Resolution expertLegal News
Article summary
Goshawk Aviation Ltd and other companies v Terra Aviation Network SAS and other companies [2021] EWHC 1029 (Comm)
What are the practical implications of this case?
This decision provides a concise survey of the key principles governing applications to serve proceedings outside the jurisdiction and, more generally, by alternative methods. The first question is whether the state in which service is to be effected is a contracting party to the Hague Service Convention or to any bilateral instrument. If no such convention or treaty is engaged, an order permitting alternative service does not threaten to circumvent the terms of any international arrangement. In those circumstances, the court’s task is simply to determine, in light of all the facts of the particular matter, whether there is a sound basis for granting the relief sought. The court ought not to devote disproportionate time to parsing earlier authorities whose outcomes turned on their specific factual matrices. A further relevant consideration is whether a defendant has become aware of the issue and contents of the claim form; however, that fact alone, without more, cannot supply a sufficient reason. Accordingly, the focus remains on practicality, fairness, and efficiency in the particular procedural context at issue...
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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