SSL INTERNATIONAL PLC V TTK LIG LTD

[2011] EWCA Civ 1170, Court of Appeal, Lord Justice Mummery, Lord Justice Arden and Lord Justice Stanley Burnton, 19 October 2011

Conflict of laws - Jurisdiction - Service on director - Whether company carrying on business within the jurisdiction - CPR Part 6.5(3)(b)

CPR Part 6.5(3)(b), which provides that a claim form may be served personally on "a company or other corporation by leaving it with a person holding a senior position within the company or corporation" does not apply if the company is not carrying on business within the jurisdiction. On the facts of the present case the company was held not to be carrying on business within the jurisdiction - it was not enough that occasional board meetings were held in England. Further, there was no agreement in writing that the English courts should have jurisdiction to determine claims.