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Articles for the keyword(s) "Ex parte application for leave"

"Service Outside the Jurisdiction"

FM Auburn, 1970

The author analyses RR 48 and 49 of the Code of Civil Procedure (service abroad with leave), with specific reference to claims in tort and contract, against the background of the corresponding English rules. This detailed analysis of the factors relevant to the discretion to grant leave, draws extensively on relevant English case law, as well as case law from other comparable jurisdictions.