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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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SERVICE OF THE CLAIM FORM AND THE PARTICULARS OF CLAIM: AVOIDING THE PITFALLS: WEBINAR 11th FEBRUARY 2021

SERVICE OF THE CLAIM FORM AND THE PARTICULARS OF CLAIM: AVOIDING THE PITFALLS: WEBINAR 11th FEBRUARY 2021

February 3, 2021 · by gexall · in Avoiding negligence claims, Civil Procedure, Service of the claim form, Serving documents, Webinar

The problems that claimants face when serving the claim form are well documented on this blog.  I am presenting a webinar on the 11th February 2021 on identifying and avoiding the (many) pitfalls of service of the claim form and…

FIRST SERVICE CASE OF THE YEAR: SERVING PROCEEDINGS IS NOT ALWAYS  A WALK ON THE BEACH

FIRST SERVICE CASE OF THE YEAR: SERVING PROCEEDINGS IS NOT ALWAYS A WALK ON THE BEACH

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

In Alli-Balogun & On The Beach Ltd & Ors [2021] EWHC 83 (QB) Mr Justice Bourne considered an issue relating to mis-service of proceedings.  He held that service on a foreign  company on another company, in the same group, with…

SERVICE OF UNSEALED AMENDED CLAIM FORMS DID NOT CONSTITUTE GOOD SERVICE: ALL OF THE CLAIMANTS' ATTEMPT TO REMEDY THE SITUATION COME TO GRIEF: THE CLAIMANTS' CARDS WERE MARKED

SERVICE OF UNSEALED AMENDED CLAIM FORMS DID NOT CONSTITUTE GOOD SERVICE: ALL OF THE CLAIMANTS’ ATTEMPT TO REMEDY THE SITUATION COME TO GRIEF: THE CLAIMANTS’ CARDS WERE MARKED

December 11, 2020 · by gexall · in Applications, Avoiding negligence claims, Service of the claim form

In November I wrote that there had been a lull in reported cases relating to service of the claim form. As predicted that lull did not last long. In Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd &…

SERVICE OF THE CLAIM FORM: WHERE, AND WHY DO THINGS GO WRONG?  THE LULL BEFORE THE STORM?

SERVICE OF THE CLAIM FORM: WHERE, AND WHY DO THINGS GO WRONG? THE LULL BEFORE THE STORM?

November 11, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Service of the claim form

It has been just over four weeks since the previous post on issues relating to service of the claim form.   I thought I would take advantage of this lull to remind people potential issues relating to service of the claim…

SERVING THE COURT FORM (AFTER) THE LAST MINUTE: COURTING DISASTER LEADING TO A  WASTED COSTS ORDER BEING MADE

SERVING THE COURT FORM (AFTER) THE LAST MINUTE: COURTING DISASTER LEADING TO A WASTED COSTS ORDER BEING MADE

August 14, 2020 · by gexall · in Applications, Avoiding negligence claims, Costs, Service of the claim form, Wasted Costs

The judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) provides an object lesson on the dangers of not serving the claim form well within the four month period.  The judgment…

ANOTHER SERVICE CASE: SERVICE NOT EFFECTIVE WHEN CLAIMANT NOT ABLE TO SHOW WHICH MAILBOX CLAIM FORM WAS POSTED TO

ANOTHER SERVICE CASE: SERVICE NOT EFFECTIVE WHEN CLAIMANT NOT ABLE TO SHOW WHICH MAILBOX CLAIM FORM WAS POSTED TO

July 16, 2020 · by gexall · in Service of the claim form, Serving documents

In the judgment today in  Ivanchev v Velli [2020] EWHC 1917 (QB) HHJ Lewis (sitting as a High Court judge) held that service of the claim form was not effective. Placing it in the mailbox for an apartment where the…

SERVICE OF CLAIM FORM VALID WHEN LEFT WITH RECEPTIONIST: A CAVITY IN THE DEFENDANT'S SUBMISSIONS

SERVICE OF CLAIM FORM VALID WHEN LEFT WITH RECEPTIONIST: A CAVITY IN THE DEFENDANT’S SUBMISSIONS

July 6, 2020 · by gexall · in Applications, Service of the claim form, Serving documents

Some interesting points as to  the validity of the service of the claim form were raised by the defendant in Bec Construction -v- Melt Hythe Limited [2020] EWHC 970 TCC.   The defendant’s arguments were, however, to no avail. Mrs Justice…

WOULD YOU BELIEVE IT? ANOTHER CASE WHEN CLAIM FORM WRONGLY SERVED : CLAIMANT "SERVED" ON SOLICITORS WHO DID NOT HAVE INSTRUCTIONS TO ACCEPT SERVICE

WOULD YOU BELIEVE IT? ANOTHER CASE WHEN CLAIM FORM WRONGLY SERVED : CLAIMANT “SERVED” ON SOLICITORS WHO DID NOT HAVE INSTRUCTIONS TO ACCEPT SERVICE

July 2, 2020 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Service of the claim form

In the judgment  in Gallagher v Hallows Associates [2020] EW Misc 7 (CC) HHJ Jarman QC found that a defendant had been wrongly served when it was sent to solicitors who did not state they had instructions to accept service.  This…

WHEN YOU MUST AND WHEN YOU CAN'T SERVE PROCEEDINGS ON THE CLIENT'S SOLICITOR (ESSENTIAL KNOWLEDGE)

WHEN YOU MUST AND WHEN YOU CAN’T SERVE PROCEEDINGS ON THE CLIENT’S SOLICITOR (ESSENTIAL KNOWLEDGE)

July 2, 2020 · by gexall · in Applications, Avoiding negligence claims, Service of the claim form

The judgment yesterday in Piepenbrock v Associated Newspapers Ltd & Ors  [2020] EWHC 1708 gives rise to that familiar issue of when a party can, and cannot, serve on the defendant’s solicitor.  No apologies are made for repeating the rules here. …

ANOTHER FAILED CLAIM FORM SERVICE CASE: SERVICE ON SOLICITORS NOT NOMINATED WAS INVALID: SERVICE BY EMAIL ALSO INVALID

ANOTHER FAILED CLAIM FORM SERVICE CASE: SERVICE ON SOLICITORS NOT NOMINATED WAS INVALID: SERVICE BY EMAIL ALSO INVALID

July 1, 2020 · by gexall · in Applications, Civil Procedure, Service of the claim form, Serving documents

The judgment of Mr Justice Nicklin today in Piepenbrock v Associated Newspapers Ltd & Ors  [2020] EWHC 1708is (yet) another action that failed because of incorrect service of the claim form. “This is another case about the problems that can…

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

May 25, 2020 · by gexall · in Applications, Avoiding negligence claims, Extensions of time, Service of the claim form

 Service of the claim form remain a major cause of problems.  Here we re-cap (not for the first time) on the basic causes of  many of the problems, with links through to the many posts on this subject. This post…

COVID REPEATS 27: AVOIDING A SERIOUS TRAP: WHEN (AND WHEN NOT TO) SERVE THE CLAIM FORM ON A SOLICITOR: (YOU REALLY HAVE TO KNOW THIS)

COVID REPEATS 27: AVOIDING A SERIOUS TRAP: WHEN (AND WHEN NOT TO) SERVE THE CLAIM FORM ON A SOLICITOR: (YOU REALLY HAVE TO KNOW THIS)

May 20, 2020 · by gexall · in Applications, Avoiding negligence claims, Service of the claim form

The post yesterday on service of the claim form has caused a slight change of plan for this series.  Today we are going to look again at the rules relating to service of the claim form on a solicitor.  We have…

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES "BY THE SKIN OF THEIR TEETH": SOME IMPORTANT LESSONS TO LEARN HERE

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES “BY THE SKIN OF THEIR TEETH”: SOME IMPORTANT LESSONS TO LEARN HERE

May 19, 2020 · by gexall · in Applications, Extensions of time, Service of the claim form, Serving documents

Every year brings its own crop of service of the claim form cases. This year is no different.  In Oran Environmental Solutions Ltd & Anor v QBE Insurance (Europe) Ltd & Anor [2020] EWHC 1271 (Comm) Mrs Justice Cockerill observed…

SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE'S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE

SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE’S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE

March 9, 2020 · by gexall · in Appeals, Civil Procedure, Injunctions, Service of the claim form, Serving documents

In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…

RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS:  (A REPOST)

RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS: (A REPOST)

March 5, 2020 · by gexall · in Avoiding negligence claims, Case Management, Service of the claim form, Serving documents

This is post that was originally written in May 2014.  It followeda talk I gave in Leeds “How to get sued, Make a Loss and be Miserable”.  It led to the sharing of ideas between the 40 litigators who attended. …

FIRST CLAIM FORM CASE OF THE YEAR: SERVICE WITHOUT A SEAL IS NOT GOOD SERVICE BUT CPR 3.10 SAVED THE CLAIMANT

FIRST CLAIM FORM CASE OF THE YEAR: SERVICE WITHOUT A SEAL IS NOT GOOD SERVICE BUT CPR 3.10 SAVED THE CLAIMANT

February 11, 2020 · by gexall · in Civil Procedure, Sanctions, Service of the claim form, Serving documents, Uncategorized

It took until the 31st January for the first claim form of the case of the year to come up (a bit later than normal, still there’s 11 months left). This time it was good news for the claimant.  In…

SERVICE OF THE  CLAIM FORM ON A SOLICITOR (NOT THE FIRST TIME I'VE WRITTEN ABOUT THIS AND PROBABLY NOT THE LAST...)

SERVICE OF THE CLAIM FORM ON A SOLICITOR (NOT THE FIRST TIME I’VE WRITTEN ABOUT THIS AND PROBABLY NOT THE LAST…)

January 6, 2020 · by gexall · in Civil Procedure, Service of the claim form, Serving documents

Every so often, but sometimes I think not often enough, I write posts on the dangers relating to service of the claim form.  Here is a quick reminder about the basic principles of serving on a solicitor.  This post has…

2019 AND CIVIL PROCEDURE - THE YEAR IN REVIEW (2): SERVICE OF THE CLAIM FORM (AND ALLIED ISSUES)

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (2): SERVICE OF THE CLAIM FORM (AND ALLIED ISSUES)

December 4, 2019 · by gexall · in Case Management, Civil Procedure, Relief from sanctions, Service of the claim form, Serving documents

The one “certainty” about writing about civil procedure is that every year there will be a few (often more than few)cases about service of the claim form.  This is always a fruitful source of difficulty for claimants.  The causes of…

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP - NOVEMBER 2019

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019

November 29, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Witness statements

Here we have links to blogs and articles about civil procedure and costs from November 2019. COSTS Costs Barrister Blaming others Costs Barrister The undiscovered country Herbert Smith Freehills Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs…

SERVICE OF THE PARTICULARS OF CLAIM AND THE "TRAP FOR THE UNWARY CLAIMANT": THE TRAP OPERATED AND RELIEF FROM SANCTIONS NOT GRANTED

SERVICE OF THE PARTICULARS OF CLAIM AND THE “TRAP FOR THE UNWARY CLAIMANT”: THE TRAP OPERATED AND RELIEF FROM SANCTIONS NOT GRANTED

November 18, 2019 · by gexall · in Applications, Avoiding negligence claims, Relief from sanctions, Service of the claim form, Uncategorized

The judgment of Chief Master Marsh today in Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch) is a prime example of difficulties being caused because of a mistake in relation to the rules relating to service.   It…

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