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Posted: 28th March 2012

Taking legal action against a person or company based abroad can present particular problems, especially with formal service of legal documents that is usually required at the start of proceedings particularly.
A British company’s ingenious attempt to serve proceedings on an Indian company recently failed when the Court of Appeal recognised the territorial restrictions applying to the law in this area.
The British company traded with the Indian company and had the right to appoint a director to its board. It needed to serve legal proceedings on the Indian company and sought to rely on a provision in the Civil Procedures Rules that a document may be served ‘by leaving it with a person holding a senior position within the company’.
But the Court of Appeal ruled that this wording applied only to a company within the jurisdiction of the English courts, not a foreign company.
If you are considering taking action against another person or company, valid service of the relevant documents is a must. It's just one reason for retaining us to deal with your disputes!