SERVICE AT THE LAST KNOWN ADDRESS, CPR 6.15 AND IS THE ISSUE OF A “SECOND ACTION” AN ABUSE OF PROCESS?
I am grateful to Anthony Okuma of Duncan Lewis solicitors to for sending me a copy of the judgment of HHJ Richard Roberts in Sajid -v- Nuur (Central London County court 30/7/18). This covers two separate issues. Firstly a claimant’s…
SHOULD PROCEEDINGS BE STRUCK OUT WHEN THEY ARE ISSUED AND SERVED BY AN UNAUTHORISED ENTITY? TWO CASES THAT AID THE CLAIMANT
The judgment of HHJ Worster In Kassam -v- Gill (13th August 2018, County Court at Birmingham) is available on Lawtel. There are several procedural aspects of that case that are of general interest and which I will look at over…
NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:
I have already noted that the judgment at first instance in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) has been overturned. The full appeal judgment is now available on BAILLI at [2018] EWHC 2152 (Ch), a decision of HH…
CIVIL PROCEDURE: BACK TO BASICS 11: THE DIFFERENCE BETWEEN THE “DATE OF ISSUE FOR LIMITATION” PURPOSES AND THE “DATE OF ISSUE” FOR THE PURPOSES OF SERVICE
There were a number of search terms which led people to this blog today that related to the date of service and date of issue. The confusion is, perhaps, easy to understand The relevant date for limitation purposes is the date…
APPLICATION TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM REFUSED: CLAIMANT’S CASE AGAINST THIS DEFENDANT GOES UP IN SMOKE…
In Viner -v- Volkswagen Group Limited [2018] EWHC 2006 (QB) Senior Master Fontaine refused the claimants’ application to extend time for service of the claim form. A link to the judgment is available from the Law Society Gazette article on…
THE DEFENDANT IS NOT THE CLAIMANT’S KEEPER: WOODWARD DECISION ON SERVICE OF THE CLAIM FORM OVERTURNED ON APPEAL: LEAVING SERVICE LATE IS SIMPLY COURTING DISASTER
There is a brief report on Lawtel this morning showing that the decision in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) has been overturned on appeal. It highlights the dangers of leaving service of the claim form…
SERVICE OF THE CLAIM FORM: DEFENDANT’S LAST KNOWN ADDRESS: CLAIMANT’S “REASON TO BELIEVE”: A FEW POINTS TO WATCH
In Wards Solicitors v Hendawi [2018] EWHC 1907 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court) considered the issue of whether a claimant had “reason to believe” that a defendant did not live at the address…
CLAIM FORM CASE IN THE COURT OF APPEAL: BAD LEGAL ADVICE NOT A GOOD REASON TO ALLOW SERVICE BY AN ALTERNATIVE METHOD
In Société Générale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors [2018] EWCA Civ 1093 the Court of Appeal considered a claimant’s appeal where the judge had refused to allow an alternative method of service or to dispense with service….
SERVICE ON INSURER ALLOWED WHEN DRIVER COULD NOT BE IDENTIFIED: FACT THAT INSURER HAD AN ORDER DECLARING THE POLICY VOID NOT RELEVANT TO THIS ISSUE
In Farah v Abdullahi & Ors [2018] EWHC 738 (QB) Master Davison rejected an application by an insurer to set aside an order that allowed service of an unnamed driver upon the insurer. It was irrelevant that the insurer had obtained…
SERVICE BY TEXT: ALLOWED IN AN EXCEPTIONAL CASE
The facts in NPV v QEL & Anor [2018] EWHC 703 (QB) were exceptional. However it does show that in some circumstances the courts will allow service by text. THE CASE The claimant was applying for an injunction to prevent alleged…
SERVICE OF THE CLAIM FORM AT THE “OLD ADDRESS”: THE HIERARCHY OF MEASURES A CLAIMANT HAS TO TAKE
A search term arrived on this blog today “Service of claim form at old address”. This is an interesting issue to look at following the earlier posts on service. In particular the hierarchy of measures a claimant is required to…
THE ADDRESS FOR SERVICE OF THE CLAIM FORM: HAVE YOU GOT A SYSTEM? LITIGATING OR WINGING IT?
Do you know the address for service of all your cases? Are you sure? Looking at the decision in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) brings out the point as to how insouciant litigators can be…
SERVICE OF A COMPANY UNDER THE COMPANIES ACT: MURPHY -V- STAPLES RE-VISITED
I am likely to be returning to the judgment of Master Bowles in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) several times on this blog. If the decision is appealed and upheld it is likely to…
SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)
NB THIS DECISION WAS OVERTURNED ON APPEAL – SEE THE POST HERE I wrote earlier this week about the “tantalising” judgment of Master Bowles in the case of Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch). At…
SERVICE OF THE CLAIM FORM AFTER BARTON: IS THERE A DUTY ON A DEFENDANT’S SOLICITOR TO POINT OUT A MISTAKE?
It was unlikely that the decision in Barton v Wright Hassall LLP [2018] UKSC 12 would put an end to all issues relating to service of the claim form. There is a tantalising judgment* of Master Bowles in Woodward & Anor v Phoenix Healthcare…
THE LIMITATION PERIOD IS JUST ABOUT TO EXPIRE AND YOU ARE NOT READY: FIVE KEY POINTS FOR WHEN YOU DICE WITH PROCEDURAL DEATH
No matter how hard litigators try (and how many warnings are given) it appears inevitable that, sooner or later, you are going to have a case where the limitation period is about to expire but you are not ready. The…
AVOIDING PROBLEMS WITH SERVICE OF THE CLAIM FORM: WEBINAR 14th MARCH 2018
The judgment yesterday in Barton -v- Wright Hassall LLP [2018] UKSC 12 shows how crucial correct service of the claim form can be. There are dozens of examples on this blog of cases where service with the claim form goes wrong. In an…
12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW
Today is all about service of the claim form. Following on from the Supreme Court decision in Barton -v- Wright Hassall LLP [2018] UKSC 12 this morning this is a good time to update your knowledge about basic points of procedure. TWELVE…
BARTON -V- WRIGHT HASSALL: JUDGMENT IN THE SUPREME COURT TODAY: A DETAILED BREAKDOWN OF THE MAJORITY JUDGMENT
It is rare for issues relating to procedure to reach the Supreme Court. The judgment today in Barton -v- Wright Hassall LLP [2018] UKSC 12 concerned the issue of correct service of the claim form. The claimant lost the appeal (albeit…
FIRST CLAIM FORM CASE OF THE YEAR: THE DANGERS OF LEAVING SERVICE UNTIL THE LAST MINUTE
It is the middle of January (bluebells nowhere in sight) and we have already have a claim form case to consider. In Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB) Sir David Eady considered whether service (at the…
SERVICE BY EMAIL: WHO ARE YOU SERVING? A POINT TO WATCH
The judgment in Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893 highlights a crucial point about service by email. If you are (and are allowed to) serve by email – check that the address being used is the the…
LATE SERVICE OF THE PARTICULARS OF CLAIM: RELIEF FROM SANCTIONS REFUSED: DETAILS OF CLAIM DO NOT CONSTITUTE PARTICULARS OF CLAIM
In Chelsea Bridge Apartments Ltd -v- Old Street Homes Ltd (Deputy Master Cousins, 4th September 2017*) Deputy Master Cousins refused the claimants’ application for relief from sanctions in failing to serve Particulars of claim on time. “I find that the…
SERVICE ON SOLICITORS: A REMARKABLE VIEW LEADS TO MAJOR MISTAKE: THE LAW SUMMARISED
I have already written today about the decision in Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch). I want to isolate one element of that case that relates to the remarkable view that the claimants’ solicitor…
ANOTHER MONTH, ANOTHER DECISION ON NON-SERVICE OF THE CLAIM FORM: THE RESULT OF A “NEGLIGENT OR INCOMPETENT ERROR”
In Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling (sitting as a High Court judge) considered a number of issues relating to service of the claim form. It is another example…
SERVICE OF PROCEEDINGS WITHOUT PERMISSION: THE COURT HAS POWER TO RECTIFY THE POSITION RETROSPECTIVELY
Can the court rectify the situation when a claimant, who requires permission to continue proceedings, has issued and served without such permission? That was the question considered by His Honour Judge Davis-White QC in Wilton UK Ltd v Shuttleworth & Ors…
ANOTHER SERVICE CASE: AVOIDING THE PROCESS SERVER CAN LEAD TO AN ORDER THAT ALTERNATIVE METHOD IS GOOD SERVICE
I resolved not to write about service of the claim form cases for a while. However the cases keep coming through. CPR 6.15(2) allows the court to order that steps already taken to bring the claim form to attention of…
SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: “A THOROUGHLY TECHNICAL POINT”, UNATTRACTIVE, MISCONCEIVED AND “REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS”
Earlier this week Master McCloud commented upon “a dry and unlovely crop of procedural service issues” in the Masters’ Corridor. These issues may well follow the Masters around. Master Davison sits as a Recorder. In that capacity he decided an…
STOPPING PROBLEMS WITH SERVICE OF THE CLAIM FORM SPRINGING UP: 10 KEY POINTS
In Caretech Community Services Ltd v Oakden & Ors [2017] EWHC 1944 (QB) Master McCloud described how the Masters’ Corridor is plagued by “a dry and unlovely crop of procedural service issues. Despite efforts by numerous courts at all levels to prevent their…
BLUEBELLS, THE MASTERS’ CORRIDOR AND THE CLAIM FORM: “A DRY AND UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES”
There are numerous cases about service of the claim form on this blog. They are clearly a major issue in the Masters’ Corridor. Witness the opening words of Master McCloud’s judgment in Caretech Community Services Ltd v Oakden & Ors [2017]…
THE SERVICE OF PROCEEDINGS WAS PHOTOGRAPHED AND FILMED : AND THIS TURNED OUT TO BE IMPORTANT
In Yukos Finance BV & Ors v Lynch & Ors [2017] EWHC 1812 (Comm) the claimants were so concerned about the defendant’s attempt to evade service that they arranged for the process to be photographed and filmed. As it turns out…
APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH – EVEN BEFORE THE MAIN ISSUE IS CONSIDERED
The judgment of Mr Justice Jay in Enniful -v- Motor Insurers Bureau [2017] EWHC 1086 (QB) is a procedural hotchpotch. It relates to service, delay, dates of compliance, venue for appeals and relief from sanctions. All of this occurred before…
SERVICE OF DOCUMENTS II: SERVING AT AN ADDRESS THAT HAD BEEN VACATED (AND OVERTURNING FINDINGS OF FACT)
In Grimes -v- The Trustees of the Essex Farmers and Union Hunt [2017] EWCA Civ 361 is another one of the batch of recent cases on service. The Court of Appeal considered the question of whether a document could be…
PROVING SERVICE BY FAX: OPERATOR OF A FAX MACHINE IS A “RESPONSIBLE PERSON”
In a judgment today in LBI EHF -v- RAIFFEISEN ZENTRALBANK ÖSTERREICH AG [2017] EWHC 522 (Comm) Mr Justice Knowles CBE had to consider whether the fact that a party could not find a fax meant that it had not been served. This involved…
FIRST CLAIM FORM CASE OF THE YEAR: AND THERE'S A BRIGHTSIDE
Every year brings a batch of cases relating to service of the claim form. This year starts with an unusual issue. In Brightside Group Ltd -v- RSM UK Audit LLP [2017] EWHC 6 (Comm) Mr Justice Andrew Baker considered issues…
DISPUTING SERVICE: USING THE RIGHT PROCEDURE: THE APPLICATION OF CPR 3.10
In Bank of Boroda, GCC Operations -v- Nawayny Marine Shipping FZE [2016] EWHC 3089 (Comm) Ms Sara Cockerill QC (sitting as a Deputy Judge of the High Court) considered issues in relation to disputing service. What is interesting here is…
ANOTHER CLAIM FORM CASE: WHY IT CAN BE DANGEROUS FOR A DEFENDANT TO TAKE TECHNICAL POINTS
The decision of Master Mathews in DB UK Bank Limited -v- Sinclair Solicitors [2015] EWHC B29 (Ch) has today been reported on Bailli. It is a case that shows the dangers of taking technical points as to service. “if I…
EXTENSION OF THE CLAIM FORM: A RARE SUCCESS FOR A CLAIMANT (BUT IT HAS GOT A LOT TO DO WITH CONDUCT)
Most cases relating to extensions of time for service for the claim form end badly for the claimant. The decision of Mr Justice Roth in The Khan Partnership LLP -v- Infinity Distribution Limited [2016] EWHC 1390 (Ch) is an exception….
PROVING THINGS 19: PROVE SERVICE OR YOU COULD BE CAUGHT OUT
A regular theme of this series has been to examine how cases fail, in full or partially, because of the absence of evidence. This can be seen in a decision of the First-Tier Tribunal Tax Chamber in England and Wales…
EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM SET ASIDE: A CASE ALL CLAIMANTS SHOULD KNOW
A really easy way for a claimant lawyer to get sued is to hold onto the claim form. Cases relating to late or mis-service of the claim form are a regular feature of this blog. It is equally dangerous for…
TAKING TECHNICAL POINTS AS TO SERVICE: JUDICIAL "DISMAY" THAT THE MATTER WAS PURSUED
One of the most difficult decisions that litigators now face is whether to take “technical points”. Technical points, particularly as to service of the claim form, can potentially bring proceedings to a premature end. However there are risks as well…
WHAT A DAY FOR CLAIM FORM CASES: DECISION IN THE COURT OF APPEAL
No sooner was the (metaphorical) ink dry on the post on the Abbott -v- Econwall case when the Court of Appeal decision in Barton -v- Wright Hassall [2016] EWCA Civ 177. In the case the judge allowed an application…
"INAPPROPRIATE TECHNICAL GAMES": ANOTHER CASE ABOUT SERVICE OF THE CLAIM FORM: DEFENDANT SNAPPED INTO SHAPE
The judgment of His Honour Judge Hacon in Abbott -v-Econowall Ltd [2016] EWHC 660 (IPEC) contains some important observations about the conduct expected in litigation. Also some important lessons in relation to agreeing extensions of time for service. “…parties to…
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. RESOLUTION 2 KNOW THE ADDRESS AND…
SERVICE OF PROCEEDINGS WHEN THEY ARE PUT IN THE BIN: A HIGH COURT DECISION
In Morby -v- Gate Gourmet Luxembourg IV SARL [2016] EWHC 74 (Ch) Edward Murray (sitting as a Deputy Judge of the Chancery Division) considered an issue relating to personal service. “If facts are in dispute, absent special situations, it would…
SERVICE BY EMAIL IS GOOD SERVICE: FAMILY COURT DECISION
Issues of electronic service are still relatively novel. Some interesting issues were addressed by Mostyn J in Maughan -v- Wilmot [2015] EWHC 29 (Fam). This is a family case where important observations are made in relation to service by email…
"TOTALLY HOPELESS" APPLICATION FOR DISCLOSURE;INADEQUATE WITNESS STATEMENTS;APPLICATION FOR EXTENSION REFUSED:ALL LEGAL LIFE IS HERE
The judgment of Mr Justice Edwards-Stuart in London Borough of Bromley -v- Heckel [2015] EWHC encompasses many of the themes regularly discussed in this blog. Proceedings were issued late;there was an inappropriate application for disclosure;the witness evidence was inadequate. Finally…
SENDING THE FEE WITH THE APPLICATION: FAILURE CAN BE FATAL
I am grateful to barrister Matthew White for sending me details and a copy of the decision of His Honour Judge Lopez in Price -v- Egbert H Taylor Limited (Birmingham County Court 2nd October 2015). “… there [are] numerous authorities…
BE CAREFUL WHERE YOU SERVE A NOTICE OF COMMENCEMENT: PAYING PARTY ESTOPPED FROM TAKING A POINT AS TO SERVICE
In Edray Ltd -v- Canning [2015] EWHC 2744 (Ch) Stephen Jourdan QC (sitting as a Deputy High Court Judge) considered an issue relating to estoppel and waiver when a Notice of Commencement had not been properly served. “The bill of…
WHEN IS PERSONAL SERVICE EFFECTED? A CASE TO SEND TO ALL YOUR PROCESS SERVERS
In Tseitline -v- Mikhelson [2015] EWHC 3065 (Comm) Mr Justice Phillips had to consider whether effective personal service had taken place. THE CASE The claimants had attempted to serve the defendant outside, and then later inside, the National Gallery. The…
ANOTHER CLAIM FORM NOT SERVED PROPERLY: SERVICE ABROAD AND SERVICE ON A SOLICITOR
In Transportes Viana E Fernandes LDA -v- Baban & others (Brighton County Court, 15th January 2015)* His Honour Judge Simkiss overturned the order of the District Judge in circumstances where the claim form had not been served properly. The claim…
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