Shahar v Tsitsekkos and Others; Kolomoisky and Another v Shahar and Another
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 2004 |
| Date | 17 November 2004 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Mr Justice Mann
Practice - claim against non-party outside of jurisdiction - claim to be treated as counterclaim
When a defendant wished to claim against a non-party outside the jurisdiction he should apply to the court for an order adding that person, and that claim had to be treated as if it were a counterclaim under Part 20 of the Civil Procedure Rules.
Mr Justice Mann so held in the Chancery Division when dismissing an application by the Part 20 defendant, Commercial Bank PrivatBank, to set aside service on it outside the jurisdiction by the defendant in the second case, Michael Moshe Shahar, following permission granted by the Mr Kevin Garnet, QC, sitting as a deputy Chancery Division judge, on February 19, 2004.
Mr Romie Tager, QC and Mr Duncan Kynoch for Mr Shahar; Mr George Bompas, QC and Mr Peter Griffiths for the defendants in the first action, other than Treamtrend Ltd, and the claimants/two of the Part 20 defendants in the second action; Mr Andrew Clutterbuck for PrivatBank.
MR JUSTICE MANN said that the defendant was granted permission to serve the defence and counterclaim and other documents out of the jurisdiction on the Part 20 defendant, a non-party to the action.
It was clear that the document that was served on the Part 20 defendant, which was in terms purported to be a Part 20 claim form, was a statement of case in its usual form.
The Part 20 defendant submitted that the courts did not have jurisdiction to grant permission to serve a document called "defence and counterclaim" under rule 6.20, which provided that a claim form could be served out of the jurisdiction with permission of the court.
His Lordship said that the submissions pointed out an oddity in the rules. Rule 6.20 seemed to confine itself to things called "claim forms" and rule 6.18 extended the definition for the purposes of the rule relating to service out of jurisdiction in a way which did not include counterclaims against...
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