Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV & ors [2019] EWCA Civ 10

Service: Glosses, explications and reformulations

Alexander Halban reports on clarification by the Court of Appeal of the test for service out of the jurisdiction ‘The test is flexible and, in unclear cases, the third limb allows a claimant to establish jurisdiction with plausible evidence, even if the judge cannot resolve disputed issues.’ The English court’s jurisdiction over a defendant domiciled …

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Jurisdiction: Three wheels on my wagon

Cécile Perrault outlines judicial treatment of the three-limbed test to challenge jurisdiction ‘The Court of Appeal found that although the first instance judge had not applied the required three-limbed test, they had applied a test consistent with the views expressed in previous Supreme Court judgments. Hence, the appeal was dismissed.’ In Kaefer Aislamientos SA de …

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Jurisdiction: Going out on a limb

Andrew Wanambwa assesses guidance on jurisdiction from the Court of Appeal ‘The facts of Kaefer were complex but the key issue in the case was whether there was a “good arguable case” that two of the defendants, AT1 and Ezion, were parties to a contract and therefore bound by the jurisdiction agreement contained in it.’ …

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