The Court of Appeal has today handed down judgment in the case of Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2018] EWCA Civ 1660, raising important issues as to the service of claims under s.423 of the Insolvency Act 1986 out of the jurisdiction.

In this case, the claimant brought proceedings against the first defendant claiming damages for breach of a settlement agreement, and an order under s.423 of the Insolvency Act 1986 for the setting aside of the sale of a vessel. It was alleged that the sale of the vessel was a sham designed to put the first defendant’s assets out of the reach of the claimant. The latter claim was also brought against two other defendants, being the purchaser and sub-purchaser of the vessel.