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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Serving documents
COURT REFUSES RETROSPECTIVE APPLICATION IN RELATION TO SERVICE OF INJUNCTION: THERE WAS NO GOOD REASON AND A PROSPECTIVE APPLICATION WOULD NOT HAVE BEEN GRANTED

COURT REFUSES RETROSPECTIVE APPLICATION IN RELATION TO SERVICE OF INJUNCTION: THERE WAS NO GOOD REASON AND A PROSPECTIVE APPLICATION WOULD NOT HAVE BEEN GRANTED

May 17, 2022 · by gexall · in Applications, Serving documents

We are now looking at the second aspect of the judgment of Mr Justice Nicklin in MBR Acres td & Ors v Maher & Anor [2022] EWHC 1123 (QB). This the claimants’ unsuccessful application for an order that there be…

AN INJUNCTION MUST BE SERVED PERSONALLY: COMMITTAL PROCEEDINGS DO NOT GET OFF THE STARTING LINE

AN INJUNCTION MUST BE SERVED PERSONALLY: COMMITTAL PROCEEDINGS DO NOT GET OFF THE STARTING LINE

May 17, 2022 · by gexall · in Applications, Committal proceedings, Injunctions, Serving documents

In MBR Acres td & Ors v Maher & Anor [2022] EWHC 1123 (QB) Mr Justice Nicklin held that the obligation to serve an injunction personally had not been altered by the new CPR Part 81.  Sending copies of the…

ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT

ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT

April 5, 2022 · by gexall · in Applications, Avoiding negligence claims, Service of the claim form, Serving documents, Webinar

We have another case falling foul of the provisions in relation to service. In Allen v Mittal [2022] EWHC 762 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC rejected an applicant’s arguments that an application had been served properly. …

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

March 30, 2022 · by gexall · in Appeals, Service of the claim form, Serving documents

In  Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 the Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the…

SERVING THE CLAIM  FORM PROPERLY - THE DIRE PROBLEMS IF YOU DON'T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022

SERVING THE CLAIM FORM PROPERLY – THE DIRE PROBLEMS IF YOU DON’T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022

March 24, 2022 · by gexall · in Avoiding negligence claims, Service of the claim form, Serving documents, Webinar

The decision of the Court of Appeal  today in The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 emphasises the need for all litigators to know,…

SERVING DOCUMENTS BY EMAIL: PETITION TO MAKE IT THE PRIMARY METHOD OF SERVICE IN CIVIL PROCEEDINGS

SERVING DOCUMENTS BY EMAIL: PETITION TO MAKE IT THE PRIMARY METHOD OF SERVICE IN CIVIL PROCEEDINGS

March 18, 2022 · by gexall · in Serving documents

We have seen a large number of cases where parties have come to grief by attempting to serve by email in circumstances where the other party has not consented.  There is a petition to amend the rules. PRACTICE DIRECTION 6A…

COURT REFUSES CLAIMANT'S APPLICATION FOR AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: TIME IS ALWAYS TICKING

COURT REFUSES CLAIMANT’S APPLICATION FOR AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: TIME IS ALWAYS TICKING

March 8, 2022 · by gexall · in Applications, Service of the claim form, Serving documents

There are a number of issues relating to service of the claim form in the judgment of Mr Justice Nicklin in SMO v Tiktok Inc & Ors [2022] EWHC 489 (QB). Here we look at the judge’s refusal to grant…

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

November 29, 2021 · by gexall · in Applications, Extensions of time, Relief from sanctions, Service of the claim form, Serving documents

In Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) Master Dagnall considered a case where the defendant required an extension of time in order to take points in relation to service of proceedings. The Master…

ARE PARTICULARS OF CLAIM PROPERLY SERVED IF SENT  (AT THE 12th HOUR) IN THE POST WITH THE CLAIM FORM? CIRCUIT JUDGE DECISION ON APPEAL

ARE PARTICULARS OF CLAIM PROPERLY SERVED IF SENT (AT THE 12th HOUR) IN THE POST WITH THE CLAIM FORM? CIRCUIT JUDGE DECISION ON APPEAL

November 28, 2021 · by gexall · in Appeals, Avoiding negligence claims, Service of the claim form, Serving documents

I am grateful to barrister  Christopher Johnson for sending me a copy of the judgment of HHJ Ralton in the case of Ellis -v- The Chief Constable of Avon & Somerset Constabulary (HHJ Ralton, 16th November 2021).  The judge was…

IF YOU ARE APPLYING FOR RELIEF FROM SANCTIONS "OWN YOUR MISTAKES": YOU HAVE TO SERVE THE PARTICULARS OF CLAIM WITHIN FOUR MONTHS: CLAIMANT IN ERROR, BUT RELIEF FROM SANCTIONS GRANTED

IF YOU ARE APPLYING FOR RELIEF FROM SANCTIONS “OWN YOUR MISTAKES”: YOU HAVE TO SERVE THE PARTICULARS OF CLAIM WITHIN FOUR MONTHS: CLAIMANT IN ERROR, BUT RELIEF FROM SANCTIONS GRANTED

November 23, 2021 · by gexall · in Applications, Relief from sanctions, Service of the claim form, Serving documents

The judgment in  Holterman v Electrium Sales Ltd & Anor [2020] EWHC 3915 (TCC) shows a “classic” error in relation to service of proceedings. The claimant served the claim form at the end of the relevant period, and the particulars…

RELIEF FROM SANCTIONS WHEN CLAIMANT WAS ONE YEAR LATE IN SERVING PARTICULARS OF CLAIM (BUT THERE IS A LITTLE MORE TO THIS...)

RELIEF FROM SANCTIONS WHEN CLAIMANT WAS ONE YEAR LATE IN SERVING PARTICULARS OF CLAIM (BUT THERE IS A LITTLE MORE TO THIS…)

October 6, 2021 · by gexall · in Applications, Relief from sanctions, Sanctions, Service of the claim form, Serving documents

In Excotek Ltd v City Air Express Ltd & Anor [2021] EWHC 2615 (Comm) Mr Justice Henshaw granted a claimant relief from sanctions when it applied to serve Particulars of Claim over a year late.  However the parties had agreed…

HOW ISSUING ELECTRONICALLY CAN REALLY CONFUSE CLAIMANTS: PROCEEDINGS SERVED INCORRECTLY AND LATE, SAVED BY SERVICE OF AN UNSEALED CLAIM FORM

HOW ISSUING ELECTRONICALLY CAN REALLY CONFUSE CLAIMANTS: PROCEEDINGS SERVED INCORRECTLY AND LATE, SAVED BY SERVICE OF AN UNSEALED CLAIM FORM

October 5, 2021 · by gexall · in Applications, Relief from sanctions, Service of the claim form, Serving documents

Adding to the regular supply of cases on service of the claim form on this blog is the decision of Mr Justice Fraser in Citysprint UK Ltd v Barts Health NHS Trust [2021] EWHC 2618 (TCC). This case contains a…

SERVING PROCEEDINGS ON "PERSONS UNKNOWN": AN ONGOING ISSUE - WITH NO EASY ANSWER

SERVING PROCEEDINGS ON “PERSONS UNKNOWN”: AN ONGOING ISSUE – WITH NO EASY ANSWER

September 22, 2021 · by gexall · in Applications, Service of the claim form, Serving documents

In the course of his judgment in  The London Borough of Hackney v Grant& Ors [2021] EWHC 2548 (QB) Mr Justice Lavender considered the issue of service on persons unknown. WEBINAR ON SERVICE OF THE CLAIM FORM On the 24th…

SERVICE OF THE PARTICULARS OF CLAIM: IMPORTANT POINTS TO WATCH: "A TRAP FOR THE UNWARY"

SERVICE OF THE PARTICULARS OF CLAIM: IMPORTANT POINTS TO WATCH: “A TRAP FOR THE UNWARY”

September 14, 2021 · by gexall · in Avoiding negligence claims, Relief from sanctions, Service of the claim form, Serving documents

We have seen many cases in relation to late service of the claim form.    Different rules, and assumptions, apply to the particulars of claim.  Over the years there have been many cases where service of the Particulars has caused…

MASTER WAS RIGHT TO SET ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: ANOTHER CLAIMANT'S ACTION BITES THE DUST

MASTER WAS RIGHT TO SET ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: ANOTHER CLAIMANT’S ACTION BITES THE DUST

August 9, 2021 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Service of the claim form, Serving documents, Webinar

The judgment of Mr Justice William Davis  in  Qatar Investment And Projects Holding Co & Anor v Phoenix Ancient Art S.A. [2021] EWHC 2243 (QB) adds to the many, many, cases on this blog that deal with the dangers relating…

FAILURE TO SERVE THE CLAIM FORM PROPERLY WHEN YOU ONLY HAVE SEVEN DAYS TO DO SO: THIS MAY NOT BE GOOD LAW BUT IT IS THE LAW...

FAILURE TO SERVE THE CLAIM FORM PROPERLY WHEN YOU ONLY HAVE SEVEN DAYS TO DO SO: THIS MAY NOT BE GOOD LAW BUT IT IS THE LAW…

July 1, 2021 · by gexall · in Applications, Service of the claim form, Serving documents

I have written many times about cases where claimants have come to grief in relation to service of the claim form.  Another example can be found in the judgment of Mrs Justice O’Farrell. In R (on the application of The…

CASE STRUCK OUT BECAUSE OF FAILURE TO SERVE PARTICULARS OF CLAIM IN TIME: SECOND REMINDER TODAY THAT LITIGATION CAN SOMETIMES BE HARSH AND BRUTAL

CASE STRUCK OUT BECAUSE OF FAILURE TO SERVE PARTICULARS OF CLAIM IN TIME: SECOND REMINDER TODAY THAT LITIGATION CAN SOMETIMES BE HARSH AND BRUTAL

June 21, 2021 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Relief from sanctions, Serving documents

In  M/S Unique Part Trading LLC & Anor v Regal Lodge Road Ltd [2020] EWHC 3871 (Ch) Mr Justice Miles upheld an order striking out an action because the Particulars of Claim were served late.  It is a reminder of…

"THE PROVISION OF THE CPR FOR SERVICE... SHOULD BE FAMILIAR TO EVERY SOLICITOR WHO CONDUCTS LITIGATION... THE MULTIPLE ERRORS MADE IN PURPORTING TO SERVE THE DEFENDANT COULD HAVE BEEN AVOIDED WITH A LITTLE DILIGENCE"

“THE PROVISION OF THE CPR FOR SERVICE… SHOULD BE FAMILIAR TO EVERY SOLICITOR WHO CONDUCTS LITIGATION… THE MULTIPLE ERRORS MADE IN PURPORTING TO SERVE THE DEFENDANT COULD HAVE BEEN AVOIDED WITH A LITTLE DILIGENCE”

June 15, 2021 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Service of the claim form, Serving documents

Although issues of service are a regular feature on this blog I cannot recall many cases about mis-service of Notice of Commencement of a Bill of Costs. There have been several recently.   The claimant failed to serve properly in Gregor…

RETROSPECTIVE VALIDATION OF SERVICE, THE ACKNOWLEDGEMENT OF SERVICE AND THE SETTING ASIDE OF DEFAULT JUDGMENT

RETROSPECTIVE VALIDATION OF SERVICE, THE ACKNOWLEDGEMENT OF SERVICE AND THE SETTING ASIDE OF DEFAULT JUDGMENT

May 26, 2021 · by gexall · in Service of the claim form, Serving documents, Setting aside judgment

In  YA II PN Ltd v Frontera Resources Corporation [2021] EWHC 1380 (Comm) Mr Justice Butcher considered the question of whether a default judgment was regular when the court had, retrospectively, validated service of the claim form.  He found that…

DEFAULT COSTS CERTIFICATE NOT SET ASIDE: SERVICE BY EMAIL WAS WRONG, BUT RECTIFIABLE: RELIEF FROM SANCTIONS REFUSED

DEFAULT COSTS CERTIFICATE NOT SET ASIDE: SERVICE BY EMAIL WAS WRONG, BUT RECTIFIABLE: RELIEF FROM SANCTIONS REFUSED

May 13, 2021 · by gexall · in Appeals, Applications, Assessment of Costs, Costs, Relief from sanctions, Service of the claim form, Serving documents, Setting aside judgment

Cases on Default Costs Certificates appear to be like London Buses – they come along in twos. Here we have the second case in two days.  In  Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2021] EWHC 1205…

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