Comments on: Case of the Day: Alpha Bank Cyprus v. Si Senh https://lettersblogatory.com/2015/09/25/case-of-the-day-alpha-bank-cyprus-v-si-senh/ The Blog of International Judicial Assistance Fri, 22 Nov 2024 21:23:34 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2015/09/25/case-of-the-day-alpha-bank-cyprus-v-si-senh/#comment-2324 Tue, 29 Sep 2015 14:11:48 +0000 https://lettersblogatory.com/?p=21402#comment-2324 In reply to P Smith.

One might ask why the requirement of obtaining leave should be retained today in any case …

]]> By: P Smith https://lettersblogatory.com/2015/09/25/case-of-the-day-alpha-bank-cyprus-v-si-senh/#comment-2323 Mon, 28 Sep 2015 22:34:21 +0000 https://lettersblogatory.com/?p=21402#comment-2323 Interesting that the permission of the court was required to serve the writ out of the jurisdiction. This general requirement of English civil procedure as inherited by post-colonial Cyprus[1] has since been dropped in England and Wales in cases where, as here, jurisdiction is governed by the Brussels Regulation [on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters] or similar regimes.

[1] To the extent that the Cyprus Civil Procedure Rules (as seen at CyLaw) appear to be promulgated in a mixture of English and Greek depending on the date of amendment, and include such colonial hangovers as Order 6 (service out of the jurisdiction) making distinctions turning on whether or not the defendant is a British subject or is located in British Dominions and providing for service through British consuls and for the sufficiency as evidence of service of certificates of British consuls or affidavits sworn before them, and Order 58 paragraph 2 stating that judgments and orders are to be entered in English (but to be translated into Greek or Turkish by the Registrar if required to be served upon Greek- or Turkish-speaking persons respectively: see O. 58 para 1).

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