PERSONAL SERVICE EFFECTIVE WHEN DOCUMENTS PUT THROUGH THE DOOR OF A LETTERBOX: THE FOCUS IS ON THE KNOWLEDGE OF THE RECIPIENT
In Field v Del Vecchio [2022] EWHC 1117 (Ch) HHJ Paul Matthews (sitting as a High Court judge) considered whether committal proceedings had been properly served. The papers had been put through a letterbox in a flat when the defendant…
AN INJUNCTION MUST BE SERVED PERSONALLY: COMMITTAL PROCEEDINGS DO NOT GET OFF THE STARTING LINE
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…
WHEN A SOLICITOR SAYS “BURN IT” IN RELATION TO DOCUMENTS THIS GIVES RISE TO A PRIMA FACIE ISSUE OF CONTEMPT OF COURT: COURT OF APPEAL DECISION TODAY
In the judgment today in Ocado Group PLC & Anr v McKeeve [2021] EWCA Civ 145 the Court of Appeal overturned a decision that the court should not allow an application for contempt of court against a solicitor to proceed….
“A MISUSE OF JUDICIAL POWER”: A WITNESS SPEAKING TO LAWYER IN THE COURSE OF GIVING EVIDENCE DOES NOT JUSTIFY COMMITTAL OR STRIKING OUT A CASE
In the judgment today in Hughes Jarvis Ltd v Searle & Anor [2019] EWCA Civ the Court of Appeal robustly overturned a decision committing a witness to prison and striking out a case. It was found that the trial judge had,…
SOCIAL MEDIA: THE BLACK COUNTRY AND CRUISING FOR A FALL: DEFENDANT FILM THYSELF
It is easy to cause problems on social media. It is particularly easy to cause problems for yourself. We have looked several times at the role of social media in the courts. Another example can be found in the judgment…
COMMITTAL APPLICATIONS, PENAL NOTICES AND GOING TO PRISON
There are two lessons in the judgment of Mr Justice Cranston in Bunge S.A -v- Huaya Maritime Corporation [2017] EWHC 90 (Comm): (i) if you are applying for committal you should include a penal notice in the application; (ii) if…
REPRESENTATION IN CIVIL COMMITTAL PROCEEDING: ANOTHER CASE
Shortly after the previous post about legal aid in committal proceedings the decision in Watson -v- Holman [2016] EW Misc B5 was placed on Bailli. The case involved committal applications for failure to comply with an order to remove a…
EXTRAORDINARY CASE: THE SOLICITOR MADE LITIGATION UP: THE CONSEQUENCES FOR THE CLIENT
The opening paragraphs of the judgment set out an almost unbelievable set of facts in Islamic Investments Company of the Gulf (Bahamas) Ltd -v- Symphony Gems NV & others [2014] EWHC 377 3777 (Comm). The judgment considered the consequences for…
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