ROYAL PETROL TRADING CO LLC V TOTAL INDIA PVT LTD

[2018] EWHC 1272 (Comm), High Court of Justice, Commercial Court, Mrs Justice Cockerill, 26 April 2018

Practice - Service - Appointment of agent for service - Whether revocable - CPR 6.11

RP sought payment from Total under two spot contracts, governed by Indian law but subject to exclusive English jurisdiction, for the sale of liquid petroleum gas. The dispute had arisen because the LPG shipped was of an origin that was proscribed under the contracts and Total was concerned that payment for the LPG would be a breach of EU and US sanctions. In a second claim, RP also sought payment under a later settlement agreement relating to the two spot contracts, which was also subject to English jurisdiction and was governed by English law. The settlement agreement appointed firms of solicitors as agents for service for both parties. The solicitors representing RP were subsequently notified by letter from another firm of solicitors of a change in the representation of Total. RP served proceedings on the latter firm.