ASHLEY -v- TESCO STORES: FULL TRANSCRIPT NOW AVAILABLE: CLAIMANT HAS SIX MONTHS TO SERVE ON A SCOTTISH COMPANY
The case of Ashley -v- Tesco Stores [2015] EWCA Civ 1423 has been looked at earlier in this blog. The full transcript is now available. THE JUDGMENT OF LADY JUSTICE ARDEN This appeal from the order of Patterson J dated…
DECISION REGULARISING SERVICE OF UNSEALED CLAIM FORM NOT SET ASIDE EVEN THOUGH UNAUTHORISED BODY HAD SERVED THE CLAIM FORM
In Heron Bros Ltd -v- Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) Mr Justice Edwards-Stuart declined an application to vary his original order that service of an unsealed claim form, served under the Public Service Regulations, was an…
LATE SERVICE OF THE CLAIM FORM: EXTENSION REFUSED: REMINDER TO SERVE PROMPTLY AND PROPERLY
The case of Bellcrown Associates Ltd -v- Royal Bank of Scotland (QBC) 17/03/2015 is reported on Lawtel today*. It provides another example of the dangers of not serving a claim form properly. THE CASE The claimant was bringing an action…
THERE ARE NOW UNEXPLODED GRENADES IN YOUR FILING CABINET: SERVE PROCEEDINGS PROMPTLY AND PROPERLY
One problem with the flurry of issuing proceedings last week is that there will now be numerous actions that have been issued which are not fully ready and where service will be delayed. Remember that un-served proceedings means that there…
FOUR IMPORTANT POINTS FOR THOSE HASTILY ISSUING PROCEEDINGS THIS WEEK
Twitter and other sources have been full of stories of solicitors issuing numerous proceedings to avoid the (wholly ridiculous) price hike next week. There are a few things that should be borne in mind by all those who have issued…
SERVICE OF THE CLAIM FORM: E-MAILING A COPY IS NOT GOOD SERVICE (AND WON'T BE EXCUSED)
Service of the claim form raises its head for the second time in two days. In Dunbar Assets Plc -v- BCP Premier Limited [2014] EWHC 10 (Ch) Mr John Baldwin QC (sitting as a Deputy Judge) overturned an order that…
SIX MONTH PERIOD FOR SERVICE, EVEN IF "FOREIGN" DEFENDANT ACTUALLY SERVED WITHIN THE JURISDICTION
Another interesting twist to the law of service of proceedings can be found in the Court of Appeal decision in Ashley -v- Tesco Stores (15/01/2015)*. The Court of Appeal found that there was a six month period for service of…
SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER
Service of the claim form remain a major cause of problems. Here we re-cap on the basic causes of many of the problems, with links through to the many posts on this subject. 1. NOT SERVING THE CLAIM FORM IN…
SERVICE OF THE PARTICULARS OF CLAIM TWO DANGEROUS POINTS TO WATCH
Most of the cases and commentary in relation to service concentrate upon late service of the claim form. However it is possible to fall foul of the rules and serve the particulars of claim late even when the claim form…
CLAIM FORMS: DECLARATION THAT STEPS TAKEN CONSTITUTE GOOD SERVICE: NEW HIGH COURT CASE CONSIDERED
There is a brief report on Lawtel of the decision in Tanweer T/A the Auto Service Centre -v- UK Insurance & National Insurance & Guarantee Corp (Judge Mackie QC) QBD Merc 18/07/2014. The case is briefly reported and I hope…
SERVICE OF THE CLAIM FORM: THE IMPORTANCE OF SERVING AT THE RIGHT PLACE AND THE RIGHT TIME: ANOTHER CLAIMANT COMES TO GRIEF
This is the third case on service of the claim form reported on this blog in two days, which may be significant. The strict rules on service pre-dated Jackson/Mitchell by over a decade and yet practitioners regularly come to grief. …
“NO CREDIT TO OUR CIVIL JUSTICE SYSTEM” WHAT CONSTITUTES TAKING STEPS TO BRING THE CLAIM FORM TO THE ATTENTION OF THE DEFENDANT?
“This depressing litigation reflects no credit on our civil justice system. It is yet another example of wasteful satellite litigation unconcerned with the merits of the underlying claim. The Claimant alone escapes censure” Tomlinson L J in Power v Meloy…
SERVICE OF THE CLAIM FORM CAN BE A PROBLEM FOR DEFENDANTS TOO: ACT PROMPTLY OR YOU HAVE ACCEPTED JURISDICTION
Issues relating to service of the claim form are always problematic for claimants . They can, however, be problematic for defendants as well. . This is demonstrated by the decision of Eder J in Nwoko –v- Oyo State of Nigeria…
TWO DAYS LATE SERVICE OF NOTICE OF APPEAL IS A "TRIVIAL" ERROR: HIGH COURT DECISION CONSIDERED
In Harrogate Borough Council -v- Secretary of State for Communities & Local Government & Zammitt [2014] EWHC 1506 (Admin) the appellant was two days late in serving a notice of appeal. His Honour Judge Behrens (sitting as a judge of the…
LATE SERVICE OF THE CLAIM FORM, RETROSPECTIVE EXTENSIONS AND OTHER CAUSES OF SLEEPLESS NIGHTS: A CASE TO POINT.
The recent case of Kaki –v- National Private Air Transport & National Air Service Ltd (QBD (Comm) 23/5/2014 raises some interesting issues in relation to the retrospective validation of service of a claim form when that claim form was served…
SERVICE OF PROCEEDINGS: ADDING TO THE "ESSENTIAL CHECKLIST"
One advantage of twitter is that it is instantaneous. Tweeters today commented on the new practice at Salford of only sending one copy of the sealed claim form back for solicitor service. This is something that can usefully be added…
“A DISMAL CATALOGUE OF CONFUSION AND ERROR”: SERVICE OF THE CLAIM FORM, COURT ERRORS AND OTHER MISHAPS
An article in the Law Society Gazette this week reported a denial by the Ministry of Justice that the civil court system had been affected by austerity. Perhaps the MOJ should read the decision in Stoute -v- LT Operations Ltd…
SERVICE OF THE CLAIM FORM: SERVICE AT “LAST KNOWN” ADDRESS: MORE DANGEROUS POINTS TO WATCH
Following the previous posts as to issues and problems relating to service of the claim form some responses have highlighted the difficulties of service at the “last known address”. The rules here are somewhat complex, a detailed knowledge is necessary….
SERVICE OF PROCEEDINGS: THE "ESSENTIAL CHECKLIST"
In earlier posts I have described how groups of litigators got together earlier this week to draft essential “safety” checklists for key elements of civil procedure. Here we have the checklist for service of proceedings. THE TEAM This checklist was…
SERVICE OF THE CLAIM FORM: THE TIME FOR SERVICE AND THE ADDRESS FOR SERVICE: ESSENTIAL POINTS BEFORE THE ESSENTIAL CHECKLIST
In an earlier post I described the work done on a recent course when delegates developed checklists designed to avoid problems in key areas of civil procedure. I was planning to put the checklists up individually. However in social media…
SURVIVING MITCHELL 18: RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS
There is a growing trend of “cannibalism” in the legal profession. Advertisements on my local radio station this morning were asking “do you want to sue your lawyer”? What is the legal profession doing to protect itself? The answer is…
THE COURT SERVICE AND THE "SECRET STATE": ANOTHER EXAMPLE FROM "LEGAL CHAP"
A blog post yesterday highlighted the problems that solicitors had been having with some courts insisting that there was a “secret” letter that meant Part 8 applications could not be issued for minor approval applications. After considerable delay it was…
WHAT IS THE DATE OF SERVICE? THE DIFFERENCE BETWEEN THE “DEEMED” DATE OF SERVICE AND THE “EFFECTED” DATE OF SERVICE
T & L SUGARS LTD V TATE & LYLE INDUSTRIES LTD [2014] EWHC 1066 Problems with service and the date of service continue to abound. They have always been subject to a much stricter regime. In particular the date of…
DELAYING SERVICE OF THE CLAIM FORM: “DICING WITH PROCEDURAL DEATH”: ANOTHER EXAMPLE OF A CLAIMANT BUILDING PROBLEMS FOR ITSELF
There are real dangers in leaving service of the claim form until the last moment. The Lincolnshire case considered here exemplifies the problems. . The judge pulled no punches in relation to the risks being run by those who…
SERVICE OF THE CLAIM FORM: ANOTHER EXAMPLE OF A CLAIMANT COMING TO GRIEF
Prior to the Mitchell decision the easiest way for a claimant to come to grief on a procedural issue was to make a mistake with service of the claim form. The decision Murrills –v- Berlanda [2014] EWCA Civ 6 shows…
SURVIVING MITCHELL A PRACTITIONER’S GUIDE 4: BE CAREFUL WHEN AGREEING VARIATIONS OF THE DIRECTIONS
One issue that has arisen consistently since the Mitchell decision in particular is whether the parties can agree to vary directions. The answer is far from simple. THE RULES The rules are always a good place to start. CPR 2.11…
SERVICE OF THE CLAIM FORM: MITCHELL: RELIEF FROM SANCTIONS AND A “GOOD” REASON: AND SO TO BED: A LOOK AT THE CASE LAW
In Mitchell the Court of Appeal stated that a court should normally consider relief from sanctions in a “non-trivial” case if there were good reasons and referred to the case law relating to extending time for service of the…
SERVICE OF THE CLAIM FORM: FURTHER TRAPS FOR THE UNWARY
The post on “Service Faults” http://civillitigationbrief.wordpress.com/2013/07/01/service-faults-and-the-match-is-over/ pointed out one of the traps for the unwary in relation to service of the claim form. However the decision in Bethell Construction –v- Deloitte & Touche [2010] EWHC (Judge Ho… Enjoying this post? Become…
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