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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Osbourne v Persons Unknown & Anor [2022] EWHC 1021 (Comm) (10 March 2022) URL: https://www.bailii.org/ew/cases/EWHC/Comm/2022/1021.html Cite as: [2022] EWHC 1021 (Comm) |
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT (QBD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
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LAVINIA DEBORAH ![]() | ||
and | ||
(1) ![]() ![]() ![]() | ||
(2) OZONE |
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NO APPEARANCE by or on behalf of the Respondents
____________________
VERSION
OF JUDGMENT (APPROVED)
Crown Copyright ©
HHJ PELLING QC:
"The claimant may serve a claim form out of the jurisdiction with the permission of the Court under rule 6.36 where…a claim is made against the defendant as a constructive trustee, or trustee of a resulting trust where the claim arises out of acts committed or events occurring within this jurisdiction or relates to assets within the jurisdiction".
"a claim made against aperson,
the defendant, on whom the claim form has been, or will be served, otherwise than in reliance on this paragraph and a) there is between the claimant and the defendant a real issue which is reasonable for the Court to try; and b) the claimant wishes to serve the claim form on another
person
who is a necessary or proper party to that claim".