Judgments - Masri (Respondent) v Consolidated Contractors International Company SAL and others and another (Appellant) and another

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39.  It follows that Mr Khoury is in my opinion correct in submitting that CPR 71 does not enable an order for examination to be made against an officer who is outside the jurisdiction, and that CPR 6 provides no basis for service out of the jurisdiction of any such order, had it been possible to make one. The appeal should be allowed accordingly, the Court of Appeal’s order of 28 July 2008 for the examination and service out of the jurisdiction of Mr Khoury should be set aside and Master Miller’s order of 20 December 2007 restored. In these circumstances, the European issues considered in the Court of Appeal do not arise, and it is unnecessary to make any reference to the Court of Justice.


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