GOLDEN OCEAN GROUP LTD V SALGAOCAR MINING INDUSTRIES PVT LTD

[2011] EWHC 56 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Christopher Clarke, 21 January 2011

Procedure - Permission to issue claim form for service - Permission to serve out

This was the application of SMI, the first defendant which was a family business, and Mr S, the second defendant, who was a person closely associated with SMI, to set aside an order made in March 2010 by Christopher Clarke J, giving the claimant shipowner permission to issue a claim form for service and to serve it on the defendants in Goa. The substantive dispute turned on the repudiation of a time charterparty by T, a third party, by which T chartered a vessel from the claimant. The repudiation was said to have caused the claimant loss. SMI and Mr S were said to have guaranteed the charterparty.