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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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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 ON EU-DOMICILED DEFENDANTS: DIFFICULTIES THAT ARISE WITH THE CLOSURE OF THE FOREIGN PROCESS SECTION

SERVICE ON EU-DOMICILED DEFENDANTS: DIFFICULTIES THAT ARISE WITH THE CLOSURE OF THE FOREIGN PROCESS SECTION

April 21, 2020 · by gexall · in Civil Procedure, Coronavirus, Service of the claim form, Serving documents

I am grateful to barrister James Beeton for drawing my attention to, and giving me permission to cite from, his post on the International Law and Travel Blog “A BIG PROBLEM FOR SERVICE ON EU-DOMICILED DEFENDANTS” THE CLOSURE OF THE FOREIGN…

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 BY TEXT: ALLOWED IN AN EXCEPTIONAL CASE

SERVICE BY TEXT: ALLOWED IN AN EXCEPTIONAL CASE

April 12, 2018 · by gexall · in Service of the claim form, Serving documents

The facts in NPV v QEL & Anor [2018] EWHC 703 (QB) were exceptional.  However it does show that in some circumstances the courts will allow service by text. THE CASE The claimant was applying for an injunction to prevent alleged…

SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)

SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)

March 21, 2018 · by gexall · in Abuse of Process, Civil Procedure, Service of the claim form, Serving documents

NB THIS DECISION WAS OVERTURNED ON APPEAL – SEE THE POST HERE I wrote earlier this week about the “tantalising” judgment of Master Bowles in the case of  Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch). At…

12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW

12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW

February 21, 2018 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Service of the claim form, Serving documents

Today is all about service of the claim form. Following on from the Supreme Court decision in Barton -v- Wright Hassall LLP [2018] UKSC 12  this morning this is a good time to update your knowledge about basic points of procedure. TWELVE…

MYTHS ABOUT PROCEDURE: THE DATE FOR SERVICE IS  NOT CALCULATED FROM THE DAY THE COURT RECEIVES THE CLAIM FORM: IT IS CALCULATED FROM THE DATE OF "ISSUE"

MYTHS ABOUT PROCEDURE: THE DATE FOR SERVICE IS NOT CALCULATED FROM THE DAY THE COURT RECEIVES THE CLAIM FORM: IT IS CALCULATED FROM THE DATE OF “ISSUE”

October 26, 2017 · by gexall · in Avoiding negligence claims, Civil Procedure, Service of the claim form

 In an earlier post on limitation myths I recounted how I often received phone calls from worried solicitors who feared they had missed a limitation period. The papers had been received by the court within the period, the date of…

SERVICE ON SOLICITORS: A REMARKABLE VIEW LEADS TO MAJOR MISTAKE:  THE LAW SUMMARISED

SERVICE ON SOLICITORS: A REMARKABLE VIEW LEADS TO MAJOR MISTAKE: THE LAW SUMMARISED

September 20, 2017 · by gexall · in Avoiding negligence claims, Service of the claim form, Serving documents

I have already written today about the decision in Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch). I want to isolate one element of that case that relates to the remarkable view that the claimants’ solicitor…

SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: "A THOROUGHLY TECHNICAL POINT", UNATTRACTIVE, MISCONCEIVED AND "REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS"

SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: “A THOROUGHLY TECHNICAL POINT”, UNATTRACTIVE, MISCONCEIVED AND “REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS”

August 15, 2017 · by gexall · in Appeals, Service of the claim form, Serving documents

Earlier this week Master McCloud commented upon “a dry and unlovely crop of procedural service issues” in the Masters’ Corridor.   These issues may well follow the Masters around.  Master Davison sits as a Recorder. In that capacity he decided an…

BLUEBELLS, THE MASTERS' CORRIDOR AND  THE CLAIM FORM:  "A DRY AND UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES"

BLUEBELLS, THE MASTERS’ CORRIDOR AND THE CLAIM FORM: “A DRY AND UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES”

August 12, 2017 · by gexall · in Extensions of time, Service of the claim form, Serving documents

There are numerous cases about service of the claim form on this blog. They are clearly a major issue in the Masters’ Corridor. Witness the opening words of Master McCloud’s judgment in Caretech Community Services Ltd v Oakden & Ors [2017]…

FIRST CLAIM FORM CASE OF THE YEAR: AND THERE'S A BRIGHTSIDE

January 10, 2017 · by gexall · in Case Management, Civil Procedure, Service of the claim form, Serving documents, Uncategorized

Every year brings a batch of cases relating to service of the claim form. This year starts with an unusual issue. In Brightside Group Ltd -v- RSM UK Audit LLP [2017] EWHC 6 (Comm) Mr Justice Andrew Baker considered  issues…

THE DUTY OF FULL AND FRANK DISCLOSURE: A CASE IN POINT

January 28, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure

In PCV -v- The Y Regional Government of X [2014] EWHC 68 (Comm) Mr Justice Hamblen set out, in clear terms, the rigorous nature of the duty to give full and frank disclosure to the court when making a without…

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