The Appellants were granted costs orders against the Respondent, Hornbeam Corporation and by notice of application sought a third party costs Order against Mr. Shulman. Mr. Schulman was not a party to the Claim and is a foreigner. This Appeal is against the decision of the Learned Judge below to grant permission to serve the application notice out of the jurisdiction on Re Shulman. The Court of Appeal held that although Rule 7.3(10) (on service of a claim where jurisdiction was provided for by an enactment) did not apply to an application for third party costs, it was fairly arguable that Rule 7.14 could provide the Court with the requisite jurisdiction to serve the application out of the jurisdiction if Mr. Schulman could be successfully joined to it and the Claim would qualify for service out of the jurisdiction.
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Halliwell Assets Inc et al -v- Hornbean Corporation Claim No. BVIHCMAP 2014/0017 (October 2015)