Weekly Update - A Summary Of Recent Developments In Insurance, Reinsurance And Litigation Law - 11/11

This Week's Caselaw

AK Investment v Krgyz Mobil & Ors

Privy Council ruling on service out of the jurisdiction/"necessary and proper party"

http://www.bailii.org/uk/cases/UKPC/2011/7.html

BITEL (a Kyrgyz company) sued the KFG (Isle of Man) companies in the Isle of Man. The KFG Companies counterclaimed against BITEL and obtained permission to join additional defendants to the counterclaim and to serve them out of the jurisdiction. Some of those additional defendants applied to have the order for service out set aside. The case therefore turns on an interpretation of a Manx procedural law provision but that provision closely resembles a ground for service out of the jurisdiction under the English CPR. PD 6B para 3.1(3) provides that a claimant can serve out of the jurisdiction if a claim form has already been served (or will be served) and "(a) there is between the claimant and the defendant a real issue which it is reasonable for the court to try; and (b) the