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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: http://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 :
____________________
LAVINIA DEBORAH OSBOURNE | ||
and | ||
(1) PERSONS UNKNOWN | ||
(2) OZONE |
____________________
NO APPEARANCE by or on behalf of the Respondents
____________________
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 a person, 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".