George Hayman KC and Duncan McCombe appear in landmark Court of Appeal case concerning jurisdiction, Agrofirma Oniks LLC v Fridman [2026] EWCA Civ 139. 

This case decided that, even if a defendant meets all the requirements of CPR 6.9 (the provision that allows service of a claim on the defendant’s usual or last known residence), there is still a common law requirement (found nowhere in the CPR themselves) that the Defendant must be present within the jurisdiction before the Claimant can serve pursuant to CPR 6.9. In doing so, the Court of Appeal chose between conflicting Court of Appeal authorities on the point. 

George and Duncan were instructed by Fraser Mitchell of Lewis Silkin.

Read the judgment in full: Agrofirma Oniks LLC v Fridman [2026] EWCA Civ 139