ANOTHER CLAIM FORM CASE: SERVICE AT “LAST KNOWN ADDRESS” FAILS: SERVICE BASED ON COMPANIES ACT SUCCEEDS
Cases on the last known address for service seem to come along like buses – a few at at time. The issue was considered by Mr Richard Salter QC (setting as a Deputy Judge of the High Court) in Idemia…
SERVICE OF THE CLAIM FORM: DANGERS OF SERVING AT THE LAST KNOWN ADDRESS (2019)
It is difficult for a month, sometimes a week, to pass without there being a service of the claim form case. The issue of service was central to the decision of Mr Justice Martin Spencer in Brayshaw -v- Partners of…
SERVICE, THE CLAIM FORM AND DENTON: THE COURT WOULD NOT TAKE THE HUMP WHEN DOCUMENTS WERE NOT SERVED: NEITHER SERIOUS OR SIGNIFICANT
In Ablynx NV & Anor v Vhsquared Ltd & Ors [2019] EWHC 792 (Pat) HHJ Hacon brushed aside the defendant’s objections in relation to service of the claim form. THE CASE The action was in relation to patents from an…
“LAST KNOWN ADDRESS” : CLAIMANT HAD TAKEN REASONABLE STEPS : EXTENSION OF TIME TO SERVE CLAIM FORM UPHELD
In Colley V Shuker & Ors [2019] EWHC 781 (QB) Mrs Justice O’Farell upheld an order extending time for service of the claim form. The judgment considers, but does not decide, whether the claimant had taken reasonable steps to establish…
AN ANONYMOUS DRIVER CANNOT BE SUED: YOU’VE GOT TO HAVE SOMEWHERE TO SERVE…
In the judgment today Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 the Supreme Court overturned the Court of Appeal decision in relation to service when there is an unknown driver. The court cannot make an order that service…
CIVIL PROCEDURE BACK TO BASICS 31: SERVICE OF THE CLAIM FORM AT THE “LAST KNOWN ADDRESS”: FIVE KEY POINTS
Service at a defendant’s “last known address” is something that can be highly problematic. There are dangers in serving at an address unless you are wholly certain that the defendant still resides there. Here we look at the rules and…
SERVICE OF CLAIM FORM BY EMAIL ALLOWED: THE SAFEGUARDS TO RESPONDENTS TO WITHOUT NOTICE APPLICATIONS.
The case and issues in Linklaters LLP -v- Mellish [2019] EWHC 177 (QB) have already made the headlines. The procedural aspects of the decision are also of interest. Firstly Mr Justice Warby made an order allowing service of the claim form…
ORDER GRANTING TIME TO EXTEND SERVICE SET ASIDE: THE DEEMED DATE FOR SERVICE OF THE CLAIM FORM: A BLAST FROM THE PAST: STILL APPLIES TO SERVICE ABROAD
The judgment in Punjab National Bank (International) Ltd v Srinivasan & Ors [2019] EWHC 89 (Ch) contains two interesting lessons (i) a court can always set aside an order extending time for service of proceedings; (ii) the “old” rules relating to…
THE DEFENDANT’S “WRONG” APPLICATION TO DISPUTE JURISDICTION WAS STILL VALID: DEFENDANT ALLOWED EXTENSION OF TIME AND TO CORRECT APPLICATION
Twelve years ago, in Hoddinott and others v Persimmon Homes (Wessex) Limited [2007] EWCA Civ 1203; [2008] 1 WLR 806, the Court of Appeal held that the correct way for a defendant to challenge the validity of a claim form was to issue…
CLAIM FORM CASE IN THE COURT OF APPEAL: SERVICE OF CLAIM FORM BY UNAUTHORISED BODY DOES NOT RENDER SERVICE VOID (ALTHOUGH IT IS STILL NAUGHTY)
We have managed to get to the 15th day of the year without a service of the claim form case, to compensate for this there are two today. In Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ…
BACK TO BASICS 14: SERVICE OF THE CLAIM FORM ON A SOLICITOR
In the case I wrote about yesterday, Higgins & Ors v TLT LLP [2017] EWHC 3868 (Ch), the very basic errors made by the claimant’s solicitor in relation to service of the claim form were held to amount to “misconduct” (albeit in…
THE CONSEQUENCES WHEN SERVICE OF THE CLAIM FORM GOES WRONG: SOLICITOR’S LIEN OVERRIDDEN: NOT KNOWING THE RULES IN RELATION TO SERVICE AMOUNTS TO “MISCONDUCT”
The judgment in Higgins & Ors v TLT LLP [2017] EWHC 3868 (Ch) shows another case that has been made problematic because of basic errors in failure of service of the claim form. The errors made by the solicitors in that…
NON-SERVICE OF THE CLAIM FORM: MORE CLAIMANTS DICING WITH PROCEDURAL DEATH (AND LOSING): JUDGE REFUSES TO PUSH THE ENVELOPE
I am grateful to David Turner QC for sending me a copy of the judgment in HHJ Klein (sitting as a High Court judge) in Capital Alternatives Sales and Marketing Ltd v Nabas & Ors [2018] EWHC 3345 (Comm). This is…
CLAIMANT CANNOT ENTER JUDGMENT AFTER ACKNOWLEDGEMENT OF SERVICE IS FILED LATE: DENTON PRINCIPLES APPLIED TO GRANT DEFENDANT EXTENSION OF TIME TO DISPUTE THE JURISDICTION
The judgment in Cunico Resources NV & Ors v Daskalakis & Anor [2018] EWHC 3382 (Comm) addresses several procedural issues. Firstly the much debated question of whether a claimant can obtain judgment when the defendant has acknowledged service late. Mr Justice…
BACK TO BASICS 18: WHEN IS A GOOD TIME TO APPLY TO EXTEND THE CLAIM FORM? NEVER, JUST NEVER
An enquiry today related to service of the claim form. What was the best way to get at extension of time. My answer was short. Applying to extend claim forms is a form of (basically reckless) gambling. Defendants can always…
SERVICE OF THE CLAIM FORM: WHERE THINGS CAN GO WRONG FOR THE DEFENDANT: RELIEF FROM SANCTIONS REFUSED
There are numerous cases reported on this blog where issues relating to service of the claim form have gone wrong for claimants. However, as we have recently seen, a failure to respond accurately and timeously to claim form issues can…
ANOTHER CASE OF SERVICE OF THE CLAIM FORM GOING AWRY: GO ON – DICE WITH PROCEDURAL DEATH: WHAT COULD POSSIBLY GO WRONG?
When lecturing at the Zenith Chambers personal injury course this Thursday I only offered one prediction for civil procedure: “I’ll be here next year talking about claim form cases reported over the previous 12 months where things have gone wrong.” …
ACTION SHOULD NOT HAVE BEEN STRUCK OUT: DENTON PRINCIPLES NOT ENGAGED IN FAILING TO SERVE PARTICULARS OF CLAIM AND MEDICAL REPORT
In the judgment today in Mark v Universal Coatings & Services Ltd & Anor [2018] EWHC 3206 (QB) Mr Justice Martin Spencer allowed an appeal against an action being struck out. The case has many procedural complexities. Here we look at…
YOU’RE FIRED: A LITIGATOR ON THE APPRENTICE 9: IS IT ART? OR IS IT THERE TO SERVE?
This week the candidates were buying and selling modern art. How did our litigator Sarah Ann frame up? Was her contribution sketchy or abstract? THE TASK Sarah was part of a group looking for modern art for a high-end…
A CLAIM FORM CASE IN THE COURT OF APPEAL: GOOD NEWS FOR CLAIMANTS: STAY A WHILE AND FIND OUT
In the judgment today in Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 the Court of Appeal held that an order staying an action also imposed a stay on the obligation to serve the claim form. The claim form was…