Vol 16 (2019) - Issue 2

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Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2018] EWCA Civ 1660 (Lewison, Gross, and Leggatt LJJ, 13 July 2018)

Synopsis

In Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2018] EWCA Civ 1660 the Court of Appeal considered the scope of paragraph 3.1(20)(a) of Practice Direction 6B, which applies to claims brought 'under an enactment which allows proceedings to be brought', where those provisions are not covered by any other 'gateway' in paragraph 3.1. The Court of Appeal found that paragraph 3.1(20)(a) theoretically applies to all statutes with extra-territorial effect, including section 423 of the Insolvency Act 1986. However, in order to obtain permission to serve out, the section 423 claim must have a sufficient connection to England and Wales.