PROVING THINGS 196: PROVING THAT FILES WERE (OR WERE NOT) DELIVERED IS MORE TRICKY THAN YOU MIGHT THINK
The judgment of Master Clark in The Law Society of England and Wales (Solicitors Regulation Authority) v Sophie Khan & Co Ltd [2021] EWHC 2 (ChD) highlights the difficulties involved in proving, or disproving, that a document was delivered. In…
ADDRESS FOR SERVICE: THE USE OF A POST OFFICE BOX NUMBER OR ACCOMODATION ADDRESS DOES NOT COMPLY WITH THE RULES: (ALSO – THE PRICE TAG FOR LITIGANTS IN PERSON)
In Smith v Marston Holdings Ltd & Anor [2020] EW Misc 23 (CC) HHJ Paul Matthews made some observations about the correct address for service when applications are issued. He also noted the issues that can arise when dealing with…
ANOTHER SERVICE CASE: SERVICE NOT EFFECTIVE WHEN CLAIMANT NOT ABLE TO SHOW WHICH MAILBOX CLAIM FORM WAS POSTED TO
In the judgment today in Ivanchev v Velli [2020] EWHC 1917 (QB) HHJ Lewis (sitting as a High Court judge) held that service of the claim form was not effective. Placing it in the mailbox for an apartment where the…
SERVICE OF CLAIM FORM VALID WHEN LEFT WITH RECEPTIONIST: A CAVITY IN THE DEFENDANT’S SUBMISSIONS
Some interesting points as to the validity of the service of the claim form were raised by the defendant in Bec Construction -v- Melt Hythe Limited [2020] EWHC 970 TCC. The defendant’s arguments were, however, to no avail. Mrs Justice…
ANOTHER FAILED CLAIM FORM SERVICE CASE: SERVICE ON SOLICITORS NOT NOMINATED WAS INVALID: SERVICE BY EMAIL ALSO INVALID
The judgment of Mr Justice Nicklin today in Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708is (yet) another action that failed because of incorrect service of the claim form. “This is another case about the problems that can…
SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES “BY THE SKIN OF THEIR TEETH”: SOME IMPORTANT LESSONS TO LEARN HERE
Every year brings its own crop of service of the claim form cases. This year is no different. In Oran Environmental Solutions Ltd & Anor v QBE Insurance (Europe) Ltd & Anor [2020] EWHC 1271 (Comm) Mrs Justice Cockerill observed…
SERVICE ON EU-DOMICILED DEFENDANTS: DIFFICULTIES THAT ARISE WITH THE CLOSURE OF THE FOREIGN PROCESS SECTION
I am grateful to barrister James Beeton for drawing my attention to, and giving me permission to cite from, his post on the International Law and Travel Blog “A BIG PROBLEM FOR SERVICE ON EU-DOMICILED DEFENDANTS” THE CLOSURE OF THE FOREIGN…
SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE’S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE
In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…
RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS: (A REPOST)
This is post that was originally written in May 2014. It followeda talk I gave in Leeds “How to get sued, Make a Loss and be Miserable”. It led to the sharing of ideas between the 40 litigators who attended. …
FIRST CLAIM FORM CASE OF THE YEAR: SERVICE WITHOUT A SEAL IS NOT GOOD SERVICE BUT CPR 3.10 SAVED THE CLAIMANT
It took until the 31st January for the first claim form of the case of the year to come up (a bit later than normal, still there’s 11 months left). This time it was good news for the claimant. In…
SERVICE OF THE CLAIM FORM ON A SOLICITOR (NOT THE FIRST TIME I’VE WRITTEN ABOUT THIS AND PROBABLY NOT THE LAST…)
Every so often, but sometimes I think not often enough, I write posts on the dangers relating to service of the claim form. Here is a quick reminder about the basic principles of serving on a solicitor. This post has…
2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (2): SERVICE OF THE CLAIM FORM (AND ALLIED ISSUES)
The one “certainty” about writing about civil procedure is that every year there will be a few (often more than few)cases about service of the claim form. This is always a fruitful source of difficulty for claimants. The causes of…
STAYING SANE AS A LITIGATOR 5: THINGS WILL GO WRONG: “YOU GOTTA HAVE A PLAN”: DON’T CRASH…
No matter how hard you try, on occasions, things will go wrong in litigation. Do you have a plan? Here we examine the need to have a plan to cover default and other issues in litigation. We then look in…
“IF COURT PROCEEDINGS ARE SERVED ON A SOLICITOR WITHOUT AUTHORITY – IS THAT GOOD SERVICE?”: A QUESTION WITH AN EASY ANSWER
“If court proceedings are served on a solicitor without authority is that good service” was a search that led to this blog yesterday. This is a question with a very easy answer. This blog has looked at this issue several…
THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE
The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements. The titles are often prompted by elements…
SERVICE OF THE CLAIM FORM: FAILURE TO SERVE ANY DEFENDANTS WHEN APPLYING FOR AN INJUNCTION: THE GOOSE IS NOT PROPERLY COOKED…
In Canada Goose UK Retail Ltd v Persons Unknown & Anor [2019] EWHC 2459 (QB) Mr Justice Nicklin refused the claimants’ application for an injunction on several grounds. Here we look at the issues relating to service of the claim…
SERVICE OF CLAIM FORM BY WHATSAPP: A CASE IN POINT: SERVICE BY SOCIAL MEDIA AND EMAIL
In Gray v Hurley [2019] EWHC 1636 (QB) the court allowed service of the claim form by Whatsapp message. THE CASE The hearing was a dispute about jurisdiction. The claimant issued proceedings and obtained an order for service on the…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 9: SERVICE OF THE CLAIM FORM (3): SERVICE AT THE LAST KNOWN ADDRESS
Staying with issues relating to service of the claim form we are looking at another common source of error – service at the “last known address”. The key point here is that a claimant cannot simply serve at the “last…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 8: SERVICE OF THE CLAIM FORM (2) – SERVICE ON SOLICITORS (OR NOT)
We have looked at the problem of service on solicitors many times, including several cases where claimants have come to grief. Anyone proposing to serve on a solicitor must know the basic rules. In some circumstances it is mandatory to…
A SOLICITOR WHO FILES AN ACKNOWLEDGMENT OF SERVICE STAYS ON THE RECORD UNTIL A NOTICE OF CHANGE OR THEY MAKE AN APPLICATION TO BE REMOVED
In Ashley & Anor v Jimenez [2019] EWHC 1806 (Ch) Chief Master Marsh rejected an argument that service on a solicitor who given their address for service in the acknowledgement of service was not good service of an application. For…
