0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Network Telecom (Europe) Limited v Telephone Systems International Inc, High Court, 21 October 2003

27 October 2003
The issues

Without Notice Applications – Ex Parte Applications – Disclosure.

The facts

The Claimant had made a Without Notice Application for service out of the jurisdiction. The parties were involved in two separate proceedings in New York, arising out of a contract between them. The Claimant’s Application was in respect of an action in respect of a demand for payment of sums under the ivoices rendered for goods and services, which were the subject of the proceedings in New York. The New York proceedings were not mentioned in the Application. The Master granted the Application. The Defendant applied to set the Order aside. The Defendant appealed.

The decision

1. The Master had erred in law. The claimant had a continuing duty to make full and frank disclosure until such time as they acted on the Order that they had obtained.

2. In this case, the Claimant should have informed the Court of the New York proceedings before it served the Order that it had obtained.

Appeal allowed.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up