Litigation Letter
Abroad
Habib Bank Ltd v Central Bank of Sudan QBD TLR 11 September
The note to CPR rule 6.24 concerning service out of the jurisdiction is misleading when it says that the function of the rule
is to prevent service by a method which the law of the place of service
did not permit. It was implicit in rule 6.24 that the English court could permit any alternative method of service abroad under rule 6.8
so long as it did not
contravene the law of the country where service was to be effected. Furthermore,
Shiblaq v Sadikoglu [2004] 2 All ER (Comm) 596 is not authority for the proposition that service abroad has to be expressly permitted by the
foreign jurisdiction for it to be good service. Accordingly, a claim made against the Central Bank of Sudan, the national
bank of Sudan, could be served on officials of the Central Bank of Sudan in Khartoum by virtue of an order under rule 6.24.