The Commercial Court has handed down a judgment in Smarter Applications Ltd v Shenzhen H&T Intelligent Control Ltd [2025] EWHC 3067 (Comm), in relation to various procedural issues arising from attempts to serve a Claim Form on a Chinese manufacturer pursuant to a problematically drafted service agent clause.

Among other interesting points, the judgment concludes that the presence of a clause requiring appointment of an agent to accept service of proceedings in England (even if incapable, in practice, of being operated as a matter of contract) gave rise to "exceptional circumstances" justifying the making of an order for alternative service upon a defendant in a Hague Convention jurisdiction; and analyses the operation of time limit for service of the claim form during the period between the 4-month limit for service within the jurisdiction and the 6-month limit for service out of the jurisdiction.

Thomas Munby KC, instructed by James Glaysher and Elliot Grosvenor-Taylor at Kingsley Napley LLP, appeared on behalf of the successful claimant.

Read the full judgment: Smarter Applications Ltd v Shenzhen H&T Intelligent Control Ltd [2025}