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service out of jurisdictionforum conveniensindemnity
BAT Industries plc v Windward Prospects Ltd
[2013] EWHC 4087 (Comm)
Key Principle
On an application to set aside permission to serve a foreign co-defendant out of the jurisdiction, the court applies the Spiliada forum conveniens test, and where English-law indemnity agreements, English-domiciled parties and the risk of inconsistent findings point to England, England may be clearly and distinctly the appropriate forum so that service out stands.
Area of Law
General
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