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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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IT IS THE CLAIMANTS' JOB TO SERVE THE CLAIM FORM ON TIME: HIGH COURT REJECTS ARGUMENT THAT DEFENDANTS WERE ESTOPPED FROM TAKING THE POINT: CLAIMANTS' OTHER ARGUMENT COME TO GRIEF

IT IS THE CLAIMANTS’ JOB TO SERVE THE CLAIM FORM ON TIME: HIGH COURT REJECTS ARGUMENT THAT DEFENDANTS WERE ESTOPPED FROM TAKING THE POINT: CLAIMANTS’ OTHER ARGUMENT COME TO GRIEF

August 30, 2022 · by gexall · in Avoiding negligence claims, Civil Procedure, Service of the claim form

We are always seeing new ways in which mistakes are made in relation to service of the claim form. In Lonsdale & Ors v Wedlake Bell Llp & Ors [2022] EWHC 2169 (QB)the claimants agreed an extension of time to…

PROVING THINGS 235: PROVING SERVICE: COUNCIL'S WHOLESALE FAILURE TO SERVE CLAIM FORMS PROPERLY: ATTEMPTS AT PERSONAL SERVICE WERE A PREREQUISITE TO SERVICE BY ALTERNATIVE MEANS

PROVING THINGS 235: PROVING SERVICE: COUNCIL’S WHOLESALE FAILURE TO SERVE CLAIM FORMS PROPERLY: ATTEMPTS AT PERSONAL SERVICE WERE A PREREQUISITE TO SERVICE BY ALTERNATIVE MEANS

August 8, 2022 · by gexall · in Civil evidence, Service of the claim form

An important point as to service of the claim form arose in the judgment of Mr Justice Nicklin in Thurrock Council v Stokes & Ors [2022] EWHC 1998 (QB). The claimant had issued proceedings against multiple defendants. It obtained an…

THE IMPORTANT DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION TO SERVE A CLAIM FORM: "CLEAR WATER" BETWEEN THE TWO TESTS: COURT OF APPEAL OVERTURNS ORDER SETTING ASIDE A PROSPECTIVE APPLICATION FOR SERVICE

THE IMPORTANT DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION TO SERVE A CLAIM FORM: “CLEAR WATER” BETWEEN THE TWO TESTS: COURT OF APPEAL OVERTURNS ORDER SETTING ASIDE A PROSPECTIVE APPLICATION FOR SERVICE

July 27, 2022 · by gexall · in Appeals, Extensions of time, Service of the claim form

In ST v BAI (SA) Trading As Brittany Ferries [2022] EWCA Civ 1037  the Court of Appeal overturned a decision, itself made on appeal, where a prospective application to extend time for service of the claim form was set aside….

ANOTHER CLAIM FORM CASE: ANOTHER CLAIMANT COMES TO GRIEF OVER SERVICE OF AN UNSEALED CLAIM FORM: DEFENDANT,HOWEVER, SAVED BY CPR 3.10.

ANOTHER CLAIM FORM CASE: ANOTHER CLAIMANT COMES TO GRIEF OVER SERVICE OF AN UNSEALED CLAIM FORM: DEFENDANT,HOWEVER, SAVED BY CPR 3.10.

June 27, 2022 · by gexall · in Appeals, Service of the claim form

In Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636_2 (QB) His Honour Judge Pearce dismissed a claimant’s appeal in a case where the claim form had not been validly served.  The defendant had made an error in that…

SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED

SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED

June 23, 2022 · by gexall · in Service of the claim form, Serving documents

In  Karanja, R (On the Application Of) v University of the West of Scotland [2022] EWHC 1520 (Admin) Michael Ford QC, sitting as a Deputy High Court Judge, found that a claim form had not been served when it was…

ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT

ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT

April 5, 2022 · by gexall · in Applications, Avoiding negligence claims, Service of the claim form, Serving documents, Webinar

We have another case falling foul of the provisions in relation to service. In Allen v Mittal [2022] EWHC 762 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC rejected an applicant’s arguments that an application had been served properly. …

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

March 30, 2022 · by gexall · in Appeals, Service of the claim form, Serving documents

In  Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 the Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the…

WHEN DEFENDANTS MAKE AN APPLICATION IN RELATION TO SERVICE: WHAT METHOD MUST THEY USE? IS PART 11 MANDATORY?

WHEN DEFENDANTS MAKE AN APPLICATION IN RELATION TO SERVICE: WHAT METHOD MUST THEY USE? IS PART 11 MANDATORY?

March 28, 2022 · by gexall · in Applications, Service of the claim form

We are taking a second look at the judgment of Lord Justice Nugee in Hand Held Products, Inc & Anor v Zebra Technologies Europe Ltd & Anor [2022] EWHC 640 (Ch). This time in relation to that part of the…

SERVING THE CLAIM  FORM PROPERLY - THE DIRE PROBLEMS IF YOU DON'T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022

SERVING THE CLAIM FORM PROPERLY – THE DIRE PROBLEMS IF YOU DON’T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022

March 24, 2022 · by gexall · in Avoiding negligence claims, Service of the claim form, Serving documents, Webinar

The decision of the Court of Appeal  today in The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 emphasises the need for all litigators to know,…

COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: "RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS"

COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: “RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS”

March 24, 2022 · by gexall · in Appeals, Applications, Service of the claim form

In The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 the Court of Appeal dismissed the claimant’s appeal against a a decision not granting any relief…

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY: NOT A PLACE WHERE THIS DEFENDANT CARRIED OUT BUSINESS: SERVING THE RIGHT ZEBRA AND THE RIGHT ADDRESS

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY: NOT A PLACE WHERE THIS DEFENDANT CARRIED OUT BUSINESS: SERVING THE RIGHT ZEBRA AND THE RIGHT ADDRESS

March 24, 2022 · by gexall · in Applications, Service of the claim form

Master McCloud once wrote that it was the months of April and May that led to a seasonal crop of claim form issues in the Masters’ corridor. However, as regular readers this blog will know the season is a very…

COURT REFUSES TO SET ASIDE JUDGMENT IN RELATION TO SOLICITOR'S COSTS: SERVICE AT AN ADDRESS IN THE REGISTER IS THE PRICE OF BEING A DIRECTOR

COURT REFUSES TO SET ASIDE JUDGMENT IN RELATION TO SOLICITOR’S COSTS: SERVICE AT AN ADDRESS IN THE REGISTER IS THE PRICE OF BEING A DIRECTOR

February 21, 2022 · by gexall · in Service of the claim form, Setting aside judgment

In Farrer & Co LLP v Meyer [2022] EWHC 362 (QB) Mr Justice Kerr refused to set aside a long-standing judgment on a bill for solicitor’s costs.  The judgment also considered the importance of s.1140 of the Companies Act 2006….

CLAIM FAILS WHEN CLAIMANT SERVES A FIRM OF SOLICITORS AT THE WRONG ADDRESS: COURT REFUSES TO EXTEND CLAIM FORM

CLAIM FAILS WHEN CLAIMANT SERVES A FIRM OF SOLICITORS AT THE WRONG ADDRESS: COURT REFUSES TO EXTEND CLAIM FORM

February 10, 2022 · by gexall · in Avoiding negligence claims, Service of the claim form

In  Kelly v Ralli Ltd [2022] EWHC B5 (Costs)  Cost Judge Rowley found that a claimant had failed to serve a claim form at the correct address.  The action therefore failed. “The rules governing service are clear that it is the…

SERVICE WITHOUT A SMILE: CLAIMANTS COME TO GRIEF IN THE COURT OF APPEAL: SENDING AN UNSEALED CLAIM FORM IS NOT GOOD SERVICE, THE CLAIMANTS COULD NOT RELY ON CPR 3.10

SERVICE WITHOUT A SMILE: CLAIMANTS COME TO GRIEF IN THE COURT OF APPEAL: SENDING AN UNSEALED CLAIM FORM IS NOT GOOD SERVICE, THE CLAIMANTS COULD NOT RELY ON CPR 3.10

January 13, 2022 · by gexall · in Appeals, Service of the claim form

The first (but probably not the last) case on service of the claim form arrives in January, with the Court of Appeal decision in  Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14.  It…

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

November 29, 2021 · by gexall · in Applications, Extensions of time, Relief from sanctions, Service of the claim form, Serving documents

In Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) Master Dagnall considered a case where the defendant required an extension of time in order to take points in relation to service of proceedings. The Master…

ARE PARTICULARS OF CLAIM PROPERLY SERVED IF SENT  (AT THE 12th HOUR) IN THE POST WITH THE CLAIM FORM? CIRCUIT JUDGE DECISION ON APPEAL

ARE PARTICULARS OF CLAIM PROPERLY SERVED IF SENT (AT THE 12th HOUR) IN THE POST WITH THE CLAIM FORM? CIRCUIT JUDGE DECISION ON APPEAL

November 28, 2021 · by gexall · in Appeals, Avoiding negligence claims, Service of the claim form, Serving documents

I am grateful to barrister  Christopher Johnson for sending me a copy of the judgment of HHJ Ralton in the case of Ellis -v- The Chief Constable of Avon & Somerset Constabulary (HHJ Ralton, 16th November 2021).  The judge was…

IF YOU ARE APPLYING FOR RELIEF FROM SANCTIONS "OWN YOUR MISTAKES": YOU HAVE TO SERVE THE PARTICULARS OF CLAIM WITHIN FOUR MONTHS: CLAIMANT IN ERROR, BUT RELIEF FROM SANCTIONS GRANTED

IF YOU ARE APPLYING FOR RELIEF FROM SANCTIONS “OWN YOUR MISTAKES”: YOU HAVE TO SERVE THE PARTICULARS OF CLAIM WITHIN FOUR MONTHS: CLAIMANT IN ERROR, BUT RELIEF FROM SANCTIONS GRANTED

November 23, 2021 · by gexall · in Applications, Relief from sanctions, Service of the claim form, Serving documents

The judgment in  Holterman v Electrium Sales Ltd & Anor [2020] EWHC 3915 (TCC) shows a “classic” error in relation to service of proceedings. The claimant served the claim form at the end of the relevant period, and the particulars…

HOW ISSUING ELECTRONICALLY CAN REALLY CONFUSE CLAIMANTS: PROCEEDINGS SERVED INCORRECTLY AND LATE, SAVED BY SERVICE OF AN UNSEALED CLAIM FORM

HOW ISSUING ELECTRONICALLY CAN REALLY CONFUSE CLAIMANTS: PROCEEDINGS SERVED INCORRECTLY AND LATE, SAVED BY SERVICE OF AN UNSEALED CLAIM FORM

October 5, 2021 · by gexall · in Applications, Relief from sanctions, Service of the claim form, Serving documents

Adding to the regular supply of cases on service of the claim form on this blog is the decision of Mr Justice Fraser in Citysprint UK Ltd v Barts Health NHS Trust [2021] EWHC 2618 (TCC). This case contains a…

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, 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…

WHEN IS PERSONAL SERVICE EFFECTED? A CASE THAT REVIEWED THE PRINCIPLES

WHEN IS PERSONAL SERVICE EFFECTED? A CASE THAT REVIEWED THE PRINCIPLES

September 11, 2021 · by gexall · in Civil Procedure, Service of the claim form

Since issues relating to personal service of proceedings are in the news this may a good time to review the principles. In Tseitline -v- Mikhelson [2015] EWHC 3065 (Comm) Mr Justice Phillips reviewed the rules as to whether effective personal…

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