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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SERVICE POINTS 22: AN APPLICATION WAS PROPERLY SERVED WHEN IT WAS SENT BY FIRST CLASS "SIGNED FOR SERVICE": THE FACT THAT THE RECIPIENT DID NOT COLLECT IT IS NOT RELEVANT

SERVICE POINTS 22: AN APPLICATION WAS PROPERLY SERVED WHEN IT WAS SENT BY FIRST CLASS “SIGNED FOR SERVICE”: THE FACT THAT THE RECIPIENT DID NOT COLLECT IT IS NOT RELEVANT

November 18, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Serving documents

Here we look at a particular point in relation to the service of an application. The application had been sent by first class “signed for” service at an address given for service by the respondents. The respondents did not receive…

WHEN HAS A PARTY CONSENTED TO SERVICE OF DOCUMENTS BY EMAIL?  IS A FAILURE TO OBTAIN SPECIFIC CONSENT IN ADVANCE FATAL TO VALID SERVICE?

WHEN HAS A PARTY CONSENTED TO SERVICE OF DOCUMENTS BY EMAIL? IS A FAILURE TO OBTAIN SPECIFIC CONSENT IN ADVANCE FATAL TO VALID SERVICE?

August 22, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Serving documents

We are carrying on with the review of the appeal judgment that considered key issues in relation to service by electronic means.  Here the judge considered whether the claimant’s failure to obtain the defendant’s specific consent prior to service rendered…

AN ORDER FOR SERVICE BY EMAIL MADE: THERE IS GOOD REASON TO DO SO

AN ORDER FOR SERVICE BY EMAIL MADE: THERE IS GOOD REASON TO DO SO

July 26, 2023 · by gexall · in Members Content, Serving documents

In Cohen & Ors v O’Leary & Ors (Re Insolvency Act 1986) [2023] EWHC 1939 (Ch) Louise Hutton KC (sitting as a Deputy Judge of the High Court), made an order that a defendant could be served by email. “As…

SERVICE OF DOCUMENTS ON A PERSON IN A REFUGE: IMPORTANT GUIDANCE GIVEN BY THE PRESIDENT OF THE FAMILY DIVISION

SERVICE OF DOCUMENTS ON A PERSON IN A REFUGE: IMPORTANT GUIDANCE GIVEN BY THE PRESIDENT OF THE FAMILY DIVISION

March 9, 2023 · by gexall · in Members Content, Serving documents

In  P (Service on Parent in a Refuge) [2023] EWHC 471 (Fam) Sir Andrew McFarlane considered the difficulties when documents had to be served on someone who resided in a woman’s refuge.   Guidance was given in relation to the steps…

A SOLICITOR WHO FILES AN ACKNOWLEDGMENT OF SERVICE STAYS ON THE RECORD UNTIL  A NOTICE OF CHANGE OR THEY MAKE AN APPLICATION TO BE REMOVED

A SOLICITOR WHO FILES AN ACKNOWLEDGMENT OF SERVICE STAYS ON THE RECORD UNTIL A NOTICE OF CHANGE OR THEY MAKE AN APPLICATION TO BE REMOVED

August 2, 2019 · by gexall · in Applications, Members Content, Serving documents, Uncategorized

In Ashley & Anor v Jimenez [2019] EWHC 1806 (Ch) Chief Master Marsh rejected an argument that service on a solicitor who given their address for service in the acknowledgement of service was not good service of an application. For…

DENTON APPLIED WHEN THE OTHER SIDE DOES NOT SHOW UP FOR TRIAL

DENTON APPLIED WHEN THE OTHER SIDE DOES NOT SHOW UP FOR TRIAL

January 22, 2018 · by gexall · in Applications, Members Content, Relief from sanctions

In Foreman v Williams [2017] EWHC 3370 (QB) Peter Marquand (sitting as a High Court judge) considered the application of the Denton principles in an unusual context.  The claimant required relief from sanctions because he was unable to serve documents on…

ANOTHER MONTH, ANOTHER DECISION ON NON-SERVICE OF THE CLAIM FORM: THE RESULT OF A "NEGLIGENT OR INCOMPETENT ERROR"

ANOTHER MONTH, ANOTHER DECISION ON NON-SERVICE OF THE CLAIM FORM: THE RESULT OF A “NEGLIGENT OR INCOMPETENT ERROR”

September 20, 2017 · by gexall · in Applications, Members Content, Service of the claim form, Serving documents

In Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling  (sitting as a High Court judge) considered a number of issues relating to service of the claim form. It is another example…

PROVING SERVICE BY FAX: OPERATOR OF A FAX MACHINE IS A "RESPONSIBLE PERSON"

PROVING SERVICE BY FAX: OPERATOR OF A FAX MACHINE IS A “RESPONSIBLE PERSON”

March 20, 2017 · by gexall · in Members Content, Serving documents

In  a judgment today in  LBI EHF -v- RAIFFEISEN ZENTRALBANK ÖSTERREICH AG [2017] EWHC 522 (Comm) Mr Justice Knowles CBE had to consider whether the fact that a party could not find a fax meant that it had not been served. This involved…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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