Court of Appeal rules on jurisdictional gateway for claim under s. 423 Insolvency Act 1986

In a reserved judgment handed down on Friday 13th July 2018 in Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2018] EWCA Civ 1660 the Court of Appeal held that paragraph 3.1(20)(a) of Practice Direction 6B of the CPR provides a ‘jurisdictional gateway’ for service out of the jurisdiction of a claim under section 423 of the Insolvency Act 1986. Thus, provided that there is a serious issue to be tried, a sufficient connection with the jurisdiction and England and Wales is clearly the appropriate forum for hearing the dispute, a claim under section 423 of the Insolvency Act 1986 may be served out of the jurisdiction on a foreign defendant.

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