A SMALL POINT TO WATCH WHEN COMING OFF THE RECORD: YOU HAVE TO GIVE AN ADDRESS WITHIN THE JURISDICTION

In Madison Pacific Trust Ltd v Groza & Anor [2024] EWHC 2307 (Comm) Mr Justice Bryan pointed out an essential requirement for a solicitor who wants to come off the record.  The Notice of Change has to give an address for service within the jurisdiction.

“… their Notice of Change was non-compliant in failing to set out an address in the jurisdiction at which the Defendants could be served”

THE CASE

The judge was considering a number of applications in relation to enforcement and on the issue of whether the court had jurisdiction. The defendants had changed solicitors.

COMING OFF THE RECORD

The defendants solicitors had attempted to come off the record. However the initial Notice of Change was non-compliant.

(1) The Defendants were most recently represented by Hill Dickinson LLP (having originally been represented by Kobre & Kim). They were represented by leading and junior counsel at the hearing before Jacobs J in February 2024 when they applied, unsuccessfully, to discharge the WFO.

(2) Hill Dickinson purported to come off the record shortly thereafter, on 15 March 2024. However, their Notice of Change was non-compliant in failing to set out an address in the jurisdiction at which the Defendants could be served (see CPR 6.23(3) and PD 42, para 2.4). Instead it gave the address in Kyiv of Pavlenko Legal Group LLC (“Pavlenko”), a Ukrainian law firm.

(3) Following a series of letters between Hogan Lovells International LLP (“Hogan Lovells”) (representing the Claimant) and Hill Dickinson, an updated Notice of Change was filed on 15 April 2024. That Notice properly gave an address for service in the jurisdiction at the UK address of Fortior Law SA (“Fortior”), the Swiss law firm representing the Defendants in the underlying arbitration proceedings – along with the Defendants’ personal email addresses.