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

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

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