Abdullah Ali Almunajem Sons Company and Others v Recourse Shipping Company Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1993 |
| Date | 17 November 1993 |
| Court | Queen's Bench Division (Commercial Court) |
Queen's Bench Division
Before Mr Justice Saville
Practice - service of writ abroad- foreign time limit different
In the absence of express provisions, a foreign procedural law prescribing a different time period for the validity of a writ or similar originating process did not override the time requirements for service of English proceedings.
Mr Justice Saville so held in the Commercial Court of the Queen's Bench Division when, in a reserved judgment in open court after a hearing in chambers, he allowed an application by the defendants, Recourse Shipping Co Ltd, to set aside a writ issued by the plaintiffs, Abdullah Ali Almunajem Sons Co, Arabian Trading Company for Cold Storage, Shahini Cold Stores for Foodstuffs and Commodex Trading Corporation, on March 5, 1993 claiming damages for alleged breach of contract or duty over the carriage of their cargo on the defendants' vessel, Reefer Creole, in February and March 1992.
As it was not possible for the plaintiffs to serve the writ before Sunday July 4, 1993, it was served on the defendants in Greece on the next day. The defendants applied to set aside that service on the ground that it was effected after the validity of the writ had expired.
Mr Bernard Doherty for the plaintiffs; Mr Robert Bright for the defendants.
MR JUSTICE SAVILLE said that as a matter of Greek law it was not possible to effect service on a Sunday or Bank Holiday but where time would otherwise have expired on such a day, it was extended to the next working day.
The plaintiffs did not require the leave of the court to serve the writ in Greece, since service there, under the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (scheduled to the Civil Jurisdiction and Judgments Act 1982, as amended by the Civil Jurisdiction and Judgments Act...
To continue reading
Request your trial