Category Serving documents

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

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 relating to service of the claim form and the provisions of CPR 7.7. CPR 7.7 […]

DISPUTING SERVICE: USING THE RIGHT PROCEDURE: THE APPLICATION OF CPR 3.10

In Bank of Boroda, GCC Operations -v- Nawayny Marine Shipping FZE [2016] EWHC 3089 (Comm) Ms Sara Cockerill QC (sitting as a Deputy Judge of the High Court) considered issues in relation to disputing service. What is interesting  here is that the judge exercised her discretion under CPR 3.10 in a case where the defendant […]

ANOTHER CLAIM FORM CASE: WHY IT CAN BE DANGEROUS FOR A DEFENDANT TO TAKE TECHNICAL POINTS

The decision of Master Mathews in DB UK Bank Limited -v- Sinclair Solicitors [2015] EWHC B29 (Ch) has today been reported on Bailli.  It is a case that shows the dangers of taking technical points as to service. “if I had decided that the defendant was right and that the claimant was prima facie out […]

EXTENSION OF THE CLAIM FORM: A RARE SUCCESS FOR A CLAIMANT (BUT IT HAS GOT A LOT TO DO WITH CONDUCT)

Most cases relating to extensions of time for service for the claim form end badly for the claimant. The decision of Mr Justice Roth in The Khan Partnership LLP -v- Infinity Distribution Limited [2016] EWHC 1390 (Ch) is an exception.  However it is an exceptional case. The court found that there was no good reason […]

PROVING THINGS 19: PROVE SERVICE OR YOU COULD BE CAUGHT OUT

A regular theme of this series has been to examine how cases fail, in full or partially, because of the absence of evidence. This can be seen in a decision of the First-Tier Tribunal Tax Chamber in England and Wales Cricket Board -v- The Commissioners for Her Majesty’s Revenue & Customs [2016] UKFTT 348 (TC). […]

EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM SET ASIDE: A CASE ALL CLAIMANTS SHOULD KNOW

A really easy way for a claimant lawyer to get sued is to hold onto the claim form. Cases relating to late or mis-service of the claim form are a regular feature of this blog.  It is equally dangerous for a claimant to assume that obtaining an extension of time for service means that they […]

TAKING TECHNICAL POINTS AS TO SERVICE: JUDICIAL “DISMAY” THAT THE MATTER WAS PURSUED

One of the most difficult decisions that litigators now face is whether to take “technical points”. Technical points, particularly as to service of the claim form, can potentially bring proceedings to a premature end. However there are risks as well as benefits. I am grateful to barrister David Boyle  for sending me a copy of […]

WHAT A DAY FOR CLAIM FORM CASES: DECISION IN THE COURT OF APPEAL

No sooner was the (metaphorical) ink dry on the post on the Abbott -v- Econwall case   when the Court of Appeal decision in Barton -v- Wright Hassall [2016] EWCA Civ 177. In the case the judge allowed an application under CPR 16, in the Barton case the Court upheld a decision not to grant […]

“INAPPROPRIATE TECHNICAL GAMES”: ANOTHER CASE ABOUT SERVICE OF THE CLAIM FORM: DEFENDANT SNAPPED INTO SHAPE

The judgment of His Honour Judge Hacon in Abbott -v-Econowall Ltd [2016] EWHC 660 (IPEC) contains some important observations about the conduct expected in litigation. Also some important lessons in relation to agreeing extensions of time for service. “…parties to litigation are plainly not obliged to inform the opposing side of its mistakes – in […]

A FURTHER GENTLE REMINDER OF YOUR NEW YEAR’S RESOLUTION 2: BE CAREFUL ABOUT THE ADDRESS FOR SERVICE

Now that the gyms are emptying out again this is a good time to provide one of the periodical reminders about the civil litigator’s new year’s resolutions.  Just concentrating upon the address for service. RESOLUTION 2 KNOW THE ADDRESS AND DATE FOR SERVICE OF THE CLAIM FORM (AND I MEAN “KNOW”) This blog regularly reports […]