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Fridman v Agrofirma Oniks LLC & Anor

Smart Summary

Factual and Procedural Background

The Plaintiffs commenced proceedings by claim form dated 9 February 2024 naming Property A as the address for service of the Defendant. The Defendant, a wealthy dual-national individual who had until March 2022 held indefinite leave to remain and was the registered proprietor of Property A, was designated under the Russia (Sanctions) (EU Exit) Regulations 2019 and became an "excluded person" under section 8B of the Immigration Act 1971 (the Travel Ban), with his leave to remain cancelled and a freezing of certain assets. The Plaintiffs sent pre-action correspondence in August 2023 to Property A while the Defendant accepted he was resident there. The Defendant left the jurisdiction on 27 September 2023. The Claim Form was posted and hand-delivered to Property A and, on later occasions, to several alternative addresses including Company A (the entity said to manage Property A), The Law Firm (the Defendant's solicitors in prior sanctions proceedings), and Company B. At first instance Judge Bryan held that service at Property A was valid, concluded the court had jurisdiction, and dismissed the Defendant's CPR Part 11 challenge. The Defendant obtained limited permission to appeal from Judge Males, and the appeal was heard.

Legal Issues Presented

  1. Whether the Defendant was validly served with the claim form at Property A despite being an "excluded person" and subject to the Travel Ban.
  2. Whether the common law territorial principle that presence within the jurisdiction is required for personal service remains part of the law, or whether Part 6 of the CPR displaces that principle.
  3. Whether the court had personal jurisdiction over the Defendant given the Travel Ban and the circumstances of service.
  4. Whether alternative addresses or methods relied on by the Plaintiffs were effective to bring the claim form to the Defendant's attention.

Arguments of the Parties

Attorney Craig (for the Defendant)

  • The common law rule ties jurisdiction to the Defendant's presence in the jurisdiction; an individual barred from entry (an "excluded person") cannot be treated as present for the purposes of service and jurisdiction.
  • The CPR do not abrogate the underlying common law principle; the Defendant's incapacity to enter the jurisdiction makes it incoherent for the court to assert jurisdiction based on presence.

Attorney Hayman (for the Plaintiffs)

  • The judge at first instance was correct; the court may exercise jurisdiction where service complies with the CPR regardless of the Defendant's inability to return.
  • Alternatively, the CPR have superseded the older common law restriction so that valid service in accordance with Part 6 is sufficient.
  • The Plaintiffs also relied on the practical point that alternative addresses ensured the claim form came to the Defendant's attention.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
[2025] EWHC 300 (Comm) The first-instance judgment (service at Property A held valid). Referenced as the judgment under appeal.
Chellaram v Chellaram (No 2) Common law principle that jurisdiction in personam rests on presence in England and valid service there. Adopted as stating a longstanding rule tying service and presence to jurisdiction.
Airbus Industries GIE v Patel [1999] 1 AC 119 Statement that jurisdiction in England is founded on presence within the jurisdiction. Used to illustrate the territorial basis of jurisdiction.
Stichting Shell Pensioenfonds v Krys [2014] UKPC 41 That a foreign litigant must be present, amenable to service outside the jurisdiction, or have submitted voluntarily to be subject to English jurisdiction. Quoted to support the territorial/amenability requirement.
Adams v Cape Industries plc [1990] Ch 433 Source of territorial jurisdiction rules and recognition of foreign judgments; private international law foundations. Identified as pointing to an international-law source of the principle of territoriality underpinning jurisdiction.
Sirdar Gurdyal Singh v Rajah of Faridkote [1894] AC 670 Principle that territorial jurisdiction attaches to persons resident within the territory and not thereafter. Quoted at length to show historical international-law basis for substantive jurisdictional rule.
Employers' Liability Assurance Corporation Ltd v Sedgwick, Collins & Co Ltd [1927] AC 95 Recognition that service on a foreign defendant present in England confers jurisdiction to be recognized internationally. Supported the proposition that service in person is a substantive jurisdictional source.
Re Sawers (1879) 12 Ch D 522 Description of territoriality: English legislation applies to those who come into the country and submit to its jurisdiction. Applied as descriptive of the territorial principle relevant to jurisdiction.
Barclays Bank of Swaziland Ltd v Hahn [1989] 1 WLR 506 Interpretation of "within the jurisdiction" in relation to postal service and the substantive nature of presence. Discussed as holding that presence within the jurisdiction remained a substantive requirement despite postal service rules.
Rolph v Zolan [1993] 1 WLR 1305 Postal service to a last known address in England was acceptable even if defendant had emigrated, under county court rules. Contrasted with Barclays; discussed as part of the jurisprudential tension on whether CPR displaced presence requirement.
Okura & Co Ltd v Forsbacka Jernverks AB [1914] 1 KB 715 Rules of court should be interpreted against principles of international comity underlying jurisdiction. Quoted to support interpreting CPR against common law territorial principles.
Grant v Anderson Referenced in support of international comity principle (as cited in Okura). Used as authority for interpreting procedural rules in light of international comity.
Masri v Consolidated Contractors International (UK) Ltd (No 4) [2010] 1 AC 90 Presumption against extraterritoriality applies when interpreting CPR provisions. Applied to reject a broad reading of rules as extending extra-territorial jurisdiction without clear words.
Fairmays v Palmer [2006] EWHC 96 Example of service out / substituted service practice. Referred to for the proposition that the court may order substituted service under rule 6.15.
Marashen Ltd v Kenvett Ltd [2017] EWHC 1706 Practice regarding orders for substituted service under rule 6.15. Used to illustrate available remedies following permission to serve out.
Kamali v City & Country Properties Ltd [2007] 1 WLR 1219 Court of Appeal decision holding CPR displaced the requirement of presence for service in certain contexts. Identified as conflicting authority; discussed and ultimately distinguished/not followed.
SSL International Plc v TTK LIG Ltd [2012] 1 WLR 1842 Affirmed the common law principle that a person not present in any meaningful sense cannot be served in England; qualified temporary absence. Preferred by the court as consistent with territorial sources and House of Lords authority; guided the judgment.
The Theodohos [1977] 2 Lloyd's Rep 428 Principle that a foreign corporation not carrying on business within the jurisdiction cannot be served there. Used in analysis of service on entities and in comparing SSL and Kamali.
Clavis Liberty Fund 1 LP v HMRC [2015] 1 WLR 2949 Interpretation of tribunal rules against background of common law jurisdiction principles. Noted as authority for reading procedural rules against common law territoriality.
The Libyan Investment Authority v Société Générale [2017] EWHC 781 Applied reasoning consistent with interpreting rules against international law principles. Referred to as following the analysis in Clavis.
Broom v Aguilar [2024] EWHC 1764 First-instance assessment that a person outside the jurisdiction is not subject to English jurisdiction absent statutory extension. Referred to as supporting the territorial requirement.
Cunliffe v Goodman [1950] 2 KB 237 Authority on the meaning of "intention" and its limits where events are beyond a person's control. Applied in evaluating the Defendant's stated intention to return and whether that suffices for presence.
Dalston Projects Ltd v Secretary of State for Transport [2024] 1 WLR 3327 Observation that sanctions are severe and open-ended. Used to illustrate the uncertain duration of sanctions relevant to prospects of return.
PJSC National Bank Trust v Mints [2023] EWCA Civ 1132 Observation on unpredictability of sanctions duration. Referenced to support the analysis of the Travel Ban's indeterminate effect.
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2003] QB 679 Principle that when this court faces conflict with an earlier House of Lords decision it must follow the House of Lords. Invoked to justify preferring House of Lords reasoning over conflicting Court of Appeal authority.
Nasrullah v Rashid [2020] Ch 37 Authority on following higher court decisions when faced with inconsistent authority. Used to support preferring higher authority where conflict exists.
Key Homes Bradford Ltd v Patel [2015] 1 BCLC 402 Example where first-instance difficulty reconciling earlier authorities was noted. Referred to in discussion of reconciling Kamali and SSL.

Court's Reasoning and Analysis

The court analysed (i) the source and nature of the common law principle linking personal jurisdiction to presence within the territorial jurisdiction, (ii) whether the Civil Procedure Rules displaced that principle, and (iii) whether on the facts the Defendant was "present" or otherwise amenable to jurisdiction at the time of service.

The court concluded that the presence requirement is not a mere procedural rule but derives from principles of international law and territoriality. Consequently, CPR provisions must be interpreted against that background and a presumption against extraterritorial extension applies. The court reviewed conflicting authorities (notably Kamali and SSL) and determined that they conflict; it preferred the reasoning in SSL and the House of Lords' acceptance in Barclays that presence (subject to the qualification that temporary absence does not extinguish presence where the person retains the right to return) is a substantive jurisdictional requirement.

Applying those principles to the facts, the court accepted that temporary absence can preserve presence for jurisdictional purposes only within narrow bounds and where return is realistically within the person's control. The Defendant had been designated an "excluded person" with an indefinite Travel Ban preventing lawful return; this state-enforced expulsion was not a "temporary" absence in the relevant sense. The Defendant's ownership of Property A, staffing arrangements and stated intention to return were insufficient to establish presence or residence for jurisdictional purposes while the Travel Ban remained in force.

The court therefore held that, despite compliance with CPR service provisions, the court did not have personal jurisdiction over the Defendant as of right and the first-instance judge erred in holding otherwise.

Holding and Implications

APPEAL ALLOWED

Holding: The court allowed the appeal, concluding that service at Property A did not, as of right, found personal jurisdiction because the Defendant was not present within the jurisdiction for the purposes of the common law territorial rule due to the Travel Ban.

Implications: The direct effect is that the first-instance order is set aside. If the Plaintiffs wish to pursue the claim they must obtain the court's permission to serve proceedings outside England and Wales under CPR r 6.36 and PD 6B (establishing one or more "gateways"); if permission is granted they may then apply for substituted service at Property A under the appropriate rules. The court's reasoning affirms the continued relevance of the territoriality principle and prefers the reasoning in SSL over Kamali where those authorities conflict; the decision resolves the appeal without purporting to create novel substantive law beyond that analysis.

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Fridman v Agrofirma Oniks LLC & Anor

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Fridman v Agrofirma Oniks LLC & Anor
(Feb 19, 2026)