A FURTHER GENTLE REMINDER OF YOUR NEW YEAR'S RESOLUTION 2: BE CAREFUL ABOUT THE ADDRESS FOR SERVICE
Now that the gyms are emptying out again this is a good time to provide one of the periodical reminders about the civil litigator’s new year’s resolutions. Just concentrating upon the address for service.
KNOW THE ADDRESS AND DATE FOR SERVICE OF THE CLAIM FORM (AND I MEAN “KNOW”)
This blog regularly reports on problems with service of the claim form.
- Know the rules about service.
- Know the address for service.
- Know whether an address for service has been nominated.
Don’t guess – know
SO FAR THIS YEAR
We have seen two cases about service of proceedings on the blog already this year.
- In one a without notice order was set aside (thus the action was dead)
- In the other the court had to grapple with issues of personal service when proceedings were put in the bin
AND EARLIER YEARS HAVE ALSO PROVIDED MUCH FOOD FOR THOUGHT
Issues relating to the wrong address for service have been a constant theme of this blog.
- We have seen claimants fail to serve on the nominated solicitor and then serve, incorrectly, abroad.
- A clinical negligence action fail because service could not take place on an individual at a business address
- Most ironical (but tragic) of all a professional negligence action against a firm of solicitors (who were being sued for failing to serve effectively) itself failed for failure to serve.
- Remember disappointed politicians have also failed in actions because of a basic failure to serve
- 10 New Year’s resolutions for litigators in 2016
- Limitation pain & anguish: a gentle reminder about new year’s resolutions (1)