16 August 2007
Tasarruff Meduati Sigorta Fonu v Demirel [2007] EWCA Civ 799, [2007] All ER (D) 457 (Jul)
(i) The presence of assets within the jurisdiction is not a pre-condition for the court’s jurisdiction under CPR 6.20(9) to permit service of a claim form out of the jurisdiction to enforce a foreign judgment.
(ii) The court should not automatically exercise its discretion in favour of permitting service out of the jurisdiction unless it is just to do so; the claimant has to show that he has a good arguable case that judgment should be given based upon the foreign judgment and that he could reasonably expect a benefit from such a judgment.
