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Suing an Overseas Company

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  • Suing an Overseas Company

    Can I serve a USA based company eg Facebook using its London address? I read that section 1139(2) of the Companies Act allows one to issue proceedings on an overseas company whose particulars are registered under section 1046 of the Companies Act 2006 as determined in Teekay Tankers Limited v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm)...
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  • #2
    Probably but I wouldn't recommend it without lawyers experienced in the matter and probably with offices in the other territory. If your target is an entity like Facebook, you really are going to have a hard time.

    In the scenario you describe, you need to consider the precise legal entity that you need to sue.

    If the matter relates to a contractual relationship, it may be that the legal entity that you need to sue, is in the UK - it's overseas parentage/ownership is irrelevant. To work that out you may need a lawyer, or post the relevant information here for further help.

    If the legal liability that you claim under is non-contractual - breach of a duty of care to you for example, again the salient point is against whom (which company) your liability lies, which will depend on the circumstances. If the answer is a UK company, the UK courts will do just fine.

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