Following due process – English court considers whether proceedings had been properly served

The High Court in England and Wales has recently considered whether a company had been correctly served with proceedings in relation to two credit agreements, which allowed the lender to appoint a process agent if the company failed to appoint a process agent itself.

The decision provides useful guidance to parties in Hong Kong and England and Wales as to the court's willingness to enforce clauses based on its strict interpretation of the wording of the clause.

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