DENTON APPLIED WHEN THE OTHER SIDE DOES NOT SHOW UP FOR TRIAL
In Foreman v Williams [2017] EWHC 3370 (QB) Peter Marquand (sitting as a High Court judge) considered the application of the Denton principles in an unusual context. The claimant required relief from sanctions because he was unable to serve documents on…
ANOTHER MONTH, ANOTHER DECISION ON NON-SERVICE OF THE CLAIM FORM: THE RESULT OF A “NEGLIGENT OR INCOMPETENT ERROR”
In Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling (sitting as a High Court judge) considered a number of issues relating to service of the claim form. It is another example…
PROVING SERVICE BY FAX: OPERATOR OF A FAX MACHINE IS A “RESPONSIBLE PERSON”
In a judgment today in LBI EHF -v- RAIFFEISEN ZENTRALBANK ÖSTERREICH AG [2017] EWHC 522 (Comm) Mr Justice Knowles CBE had to consider whether the fact that a party could not find a fax meant that it had not been served. This involved…