CL-2025-000380 - [2025] EWHC 2462 (Comm)

The Croda Parties seek an order requiring the Agform Parties to withdraw the Delaware Proceedings on a basis which would allow them to be recommenced if the Agform Parties prevail when the application for a final ASI is heard. In circumstances in which the Delaware Proceedings have already been commenced and the evidence shows that the Croda Parties will be required to engage with them if the Agform Parties seek to prosecute them, I am satisfied this is the relief best calculated to “hold the ring” so far as the ASIs I am willing to grant are concerned.

I do not believe permission to serve out is required for a claim for a “derived rights” ASI against AgLLC, given the terms of CPR 6.33(2B)(c). If it is required, then I am satisfied that it is appropriate to grant permission to serve proceedings out of the jurisdiction on the basis that AgLLC is a necessary or proper party to the same relief being sought in respect of the same actions against ATL. The merits test for “derived rights” relief is met for the reasons set out above, and England and Wales is clearly the appropriate forum to determine those claims which concern the effect of contract governed by English law and which contains an EJC in favour of this jurisdiction (particularly in circumstances in which the applications will be proceeding against ATL).

It was confirmed at the hearing that if I was satisfied permission to serve out was appropriate, the solicitors on the record for the other Agform Parties had authority to accept service.