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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SERVICE OF INJUNCTIONS: THE COURT ALLOWS SERVICE BY EMAIL RATHER THAN PERSONAL SERVICE

SERVICE OF INJUNCTIONS: THE COURT ALLOWS SERVICE BY EMAIL RATHER THAN PERSONAL SERVICE

May 22, 2025 · by gexall · in Civil Procedure, Members Content, Serving documents

Injunctions normally have to be served in person.  Here we are looking at a short point as to when it is permissible to serve an injunction by email.     THE CASE  Chanel Ltd v Skeens [2025] EWHC 619 (KB)…

SERVICE OF THE CLAIM FORM: AMBIGUITY IN DEFENDANT'S INSTRUCTIONS LED TO A (VERY RARE) CASE OF A CLAIMANT SUCCEEDING ON CPR 6.15

SERVICE OF THE CLAIM FORM: AMBIGUITY IN DEFENDANT’S INSTRUCTIONS LED TO A (VERY RARE) CASE OF A CLAIMANT SUCCEEDING ON CPR 6.15

September 4, 2023 · by gexall · in Applications, Members Content, Service of the claim form

In London Fluid System Technologies Ltd & Ors, R (On the Application Of) v HM Revenue and Customs [2023] EWHC 2206 (Admin) Mrs Justice Foster made an order under CPR 6.15 when the claimants had mistakenly served the defendant at…

CAN A PARTY TO LITIGATION WITHHOLD THEIR ADDRESS FOR SERVICE?  COURT FINDS IT HAS A DISCRETION - BUT DECLINES TO EXERCISE IT

CAN A PARTY TO LITIGATION WITHHOLD THEIR ADDRESS FOR SERVICE? COURT FINDS IT HAS A DISCRETION – BUT DECLINES TO EXERCISE IT

June 16, 2022 · by gexall · in Civil Procedure, Members Content

In  Axnoller Events Ltd v Brake & Anor (Possession and Eviction Proceedings) [2022] EWHC 1162 (Ch) HHJ Matthews (sitting as a High Court judge) considered the question of whether a party to litigation must give an address for service, whether…

ACTION STRUCK OUT WHEN CLAIMANT GIVES WRONG ADDRESS ON THE CLAIM FORM

ACTION STRUCK OUT WHEN CLAIMANT GIVES WRONG ADDRESS ON THE CLAIM FORM

January 18, 2022 · by gexall · in Abuse of Process, Civil Procedure, Members Content, Striking out

I am grateful to solicitor  Hamish Cameron Blackie  for sending me a copy of the judgment of HHJ Bloom in Conlon -v- Ringway Infrastructure Services Ltd (County Court at Luton, 2nd December 2021) where the judge struck out an action…

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, Members Content, 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…

A CLAIMANT'S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS

A CLAIMANT’S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS

January 6, 2021 · by gexall · in Applications, Civil Procedure, Members Content

The judgment of Master Kaye in Beriwala v Woodstone Properties (Birmingham) Ltd & Anor [2021] EWHC 6 (Ch) provides a reminder that the inclusion of the claimant’s address on the claim form is a mandatory requirement [unless an application is…

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)

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)

October 7, 2020 · by gexall · in Applications, Members Content, Service of the claim form, Serving documents

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…

SERVICE AT THE LAST KNOWN ADDRESS, CPR 6.15 AND IS THE ISSUE OF A "SECOND ACTION" AN ABUSE OF PROCESS?

SERVICE AT THE LAST KNOWN ADDRESS, CPR 6.15 AND IS THE ISSUE OF A “SECOND ACTION” AN ABUSE OF PROCESS?

September 3, 2018 · by gexall · in Appeals, Members Content, Service of the claim form, Serving documents

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…

SERVICE OF THE CLAIM FORM AT THE "OLD ADDRESS": THE HIERARCHY OF MEASURES A CLAIMANT HAS TO TAKE

SERVICE OF THE CLAIM FORM AT THE “OLD ADDRESS”: THE HIERARCHY OF MEASURES A CLAIMANT HAS TO TAKE

March 27, 2018 · by gexall · in Appeals, Civil Procedure, Members Content, Service of the claim form, Serving documents

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?

THE ADDRESS FOR SERVICE OF THE CLAIM FORM: HAVE YOU GOT A SYSTEM? LITIGATING OR WINGING IT?

March 24, 2018 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Members Content, Service of the claim form, Serving documents

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…

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