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ARTICLE · 16 JULY 2012

Insurance And Reinsurance Update - 10th July 2012

The claimant alleges that the defendant, who is resident outside of the jurisdiction, owes her $10 million by way of commission for her services in relation to a sale.

United KingdomInsurance

Sharab v Al-Saud

Whether permission to serve out was unlimited or should be restricted to certain "gateways"/providing note of hearing following application for permission

http://www.bailii.org/ew/cases/EWHC/Ch/2012/1798.html

The claimant alleges that the defendant, who is resident outside of the jurisdiction, owes her $10 million by way of commission for her services in relation to a sale. In the alternative, she claims an amount to be assessed on a "quantum meruit basis". She obtained permission to serve out after an application to the court which focussed almost entirely on the agreement which the claimant alleged was concluded in London. The judge had concluded that she satisfied one of the gateways in PD6B - gateway 5 (namely, that the claim was made "in respect of a contract" (a) made within the jurisdiction and (b) made through an agent trading within the jurisdiction). No reference was made to gateway 6 of PD6B which relates to a claim for restitution

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