SERVICE OF THE CLAIM FORM: AMBIGUITY IN DEFENDANT’S INSTRUCTIONS LED TO A (VERY RARE) CASE OF A CLAIMANT SUCCEEDING ON CPR 6.15
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…
CLAIMANT SUCCESSFUL ON APPEAL ON “LATE” SERVICE OF CLAIM FORM ISSUE: THE COURT CANNOT BACKDATE DATE OF SEAL ON A CLAIM FORM
I am grateful to barrister Henry Bankes-Jones for sending me a copy of the Court of Appeal decision today in Walton -v- Pickerings Solicitors and F Brophy [2023] EWCA Civ 602. Walton v Pickerings final The Court of Appeal allowed…
CASES ON SERVICE OF THE CLAIM FORM IN 2022: WHAT LITIGATORS CAN, AND MUST LEARN FROM THEM: WEBINAR 14th OCTOBER 2022
2022 has seen some significant decisions in relation to service of the claim form, with many claimants coming to grief due to basic errors made when serving, or attempting to serve. This webinar “One Day Out” but still too late:…
CLAIMANT FAILS TO GET AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: IN A CASE WHERE THE COURT HAD LOST THE FILE AND NOT SENT OUT A SEALED CLAIM FORM WITHIN THE FOUR MONTH PERIOD
NB THIS DECISION WAS OVERTURNED BY THE COURT OF APPEAL. SEE THE BLOG POST ABOUT THE APPEAL DECISION HERE. The judgment of Robin Vos (sitting as a Deputy Judge of the High Court) in Walton v Pickerings Solicitors & Anor…
COURT REFUSES CLAIMANT’S APPLICATION FOR AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: TIME IS ALWAYS TICKING
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…
12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW: AN UPDATE
The recent Court of Appeal decision in Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14 highlights the need for constant awareness of issues relating to service of the claim form. It is an area…
WHEN A CLAIMANT’S SOLICITOR WAS “SURPRISED” ABOUT THE RULES RELATING TO SERVICE OF THE CLAIM FORM (THIS DIDN’T END WELL)
A number of people have kindly written to point out that issues relating to service of the claim form are in the news at the moment. The subject may have an interest beyond those of us involved in civil procedure. …
THE CONSEQUENCES WHEN SERVICE OF THE CLAIM FORM GOES WRONG: SOLICITOR’S LIEN OVERRIDDEN: NOT KNOWING THE RULES IN RELATION TO SERVICE AMOUNTS TO “MISCONDUCT”
The judgment in Higgins & Ors v TLT LLP [2017] EWHC 3868 (Ch) shows another case that has been made problematic because of basic errors in failure of service of the claim form. The errors made by the solicitors in that…
YOU’RE FIRED: A LITIGATOR ON THE APPRENTICE 9: IS IT ART? OR IS IT THERE TO SERVE?
This week the candidates were buying and selling modern art. How did our litigator Sarah Ann frame up? Was her contribution sketchy or abstract? THE TASK Sarah was part of a group looking for modern art for a high-end…
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…
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…
SETTING ASIDE A DEFAULT JUDGMENT IN RELATION TO SOLICITORS’ COSTS: INTEREST SET ASIDE, PRINCIPAL SUM REMAINS A DEBT
In RS v LS & LMP [2018] EWHC 449 (Fam) Mrs Justice Roberts considered an application to set aside a default judgment obtained in relation to a solicitor’s costs. There are issues in relation to a failure to serve the response…
EXTENSIONS OF TIME FOR SERVICE WERE PROPERLY GRANTED: APPLICATIONS TO SET ASIDE ARE A REHEARING NOT A REVIEW: HIGH COURT DECISION
Another week, another case about service of the claim form. This time the claimant was more successful. In DDM v Al-Zahra (PVT) Hospital & Ors [2018] EWHC 346 (QB). Mr Justice Foskett allowed an appeal against a Master’s decision setting aside…
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…
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…
EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: A RISKY BUSINESS
In Medhi Kohsravi -v- British American Tobacco PLC [2016] EWHC 123 (QB)Sir David Eady stated that he would have set aside an order extending time for service of the claim form. It is a timely warning that obtaining an extension…
IS SERVICE OF AN UNSEALED CLAIM FORM GOOD SERVICE? NOW THAT'S A QUESTION
In Heron Bros Ltd -v- Central Bedfordshire Council [2015] EWHC 604 (TCC) Mr Justice Edwards-Stuart considered the question of whether service of an unsealed claim form is good service. In most cases the answer is probably “no”. However the judge…
You must be logged in to post a comment.