Kuwait Oil Tanker Company SAK and Another v Al Bader and Others
| Jurisdiction | England & Wales |
| Judgment Date | 24 March 1997 |
| Date | 24 March 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Staughton, Lord Justice Waite and Lord Justice Aldous
Jurisdiction - serving writ outside jurisdiction - no other defendant yet served
It was a precondition of leave to serve a writ upon a defendant outside the jurisdiction under Order 11, rule 1(1)(c) of the Rules of the Supreme Court that another defendant had already been served within or outside the jurisdiction.
The Court of Appeal so held dismissing an appeal by the third defendant, Timothy John Stafford, against the order made on December 19, 1995 by Judge Diamond, sitting as a deputy High Court judge, that the plaintiffs, Kuwait Oil Tanker Co SAK and Sitka Shipping Incorporated, have retrospective leave under Order 2, rule 1 and Order 11, rule 1(1)(c) of the Rules of the Supreme Court to serve a writ upon him outside the jurisdiction; that the purported service of the writ be deemed valid service; and that the third defendant's summons to set aside leave to serve out of the jurisdiction, granted by Mr Justice Cresswell, be dismissed.
In a respondents' notice the plaintiffs sought to uphold the judge's order on the additional ground that the court had jurisdiction under Order 11, rule 1(1)(c) to give leave to serve outside the jurisdiction even though when the application was made, no other defendant had yet been served.
Order 11, rule 1 of the Rules of the Supreme Court provides: "(1)…service out of the jurisdiction is permissible with the leave of the court if in the action begun by the writ -…(c) the claim is brought against a person duly served within or out of the jurisdiction is a necessary or proper party thereto;…"
Order 2, rule 1 provides: "(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules…the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein."
Mr Daniel Gerrans for the third defendant; Mr Julian Malins, QC and Miss Helen Davies for the plaintiffs.
LORD JUSTICE STAUGHTON, giving judgment on the submissions relating to the respondents' notice, said that on July 21, 1994 Mr Justice Cresswell, inter alia, granted the intended plaintiffs leave to serve...
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QBE Management Services (UK) Ltd v Charles Dymoke and Others
...the term." (numbers added). (3) Conspiracy to injure 197 The basic tenets of an actionable conspiracy to injure are set out in Kuwait Oil Tanker Co SAK v. Al Bader [2000] 2 All ER (Comm) 271 at para [108] per Nourse L.J.: "[108] …A conspiracy to injure by unlawful means is actionable where ......