Category Serving documents

SERVICE OF PROCEEDINGS WHEN THEY ARE PUT IN THE BIN: A HIGH COURT DECISION

In Morby -v- Gate Gourmet Luxembourg IV SARL [2016] EWHC  74 (Ch) Edward Murray (sitting as a Deputy Judge of the Chancery Division) considered an issue relating to personal service. “If facts are in dispute, absent special situations, it would be unsafe to reach a conclusion on witness statements of fact alone” “There is an […]

SERVICE BY EMAIL IS GOOD SERVICE: FAMILY COURT DECISION

Issues of electronic service are still relatively novel.  Some interesting issues were addressed by Mostyn J in Maughan -v- Wilmot [2015] EWHC 29 (Fam).  This is a family case where important observations are made in relation to service by email which are of wider relevance. KEY POINTS A court order giving permission to serve a […]

“TOTALLY HOPELESS” APPLICATION FOR DISCLOSURE;INADEQUATE WITNESS STATEMENTS;APPLICATION FOR EXTENSION REFUSED:ALL LEGAL LIFE IS HERE

The judgment of Mr Justice Edwards-Stuart in London Borough of Bromley -v- Heckel [2015] EWHC encompasses many of the themes regularly discussed in this blog. Proceedings were issued late;there was an inappropriate application for disclosure;the witness evidence was inadequate. Finally an application for an extension of time was  refused, thus effectively ending the action. “This […]

SENDING THE FEE WITH THE APPLICATION: FAILURE CAN BE FATAL

I am grateful to barrister Matthew White for sending me details and a copy of the decision of His Honour Judge Lopez in Price -v- Egbert H Taylor Limited (Birmingham County Court 2nd October 2015). “… there [are] numerous authorities which caution that a party leaving things to the last minute runs a very serious […]

BE CAREFUL WHERE YOU SERVE A NOTICE OF COMMENCEMENT: PAYING PARTY ESTOPPED FROM TAKING A POINT AS TO SERVICE

In Edray Ltd -v- Canning [2015] EWHC 2744 (Ch) Stephen Jourdan QC (sitting as a Deputy High Court Judge) considered an issue relating to estoppel and waiver when a Notice of Commencement had not been properly served. “The bill of costs that was enclosed was for a total of £4,107. That is the most that […]

WHEN IS PERSONAL SERVICE EFFECTED? A CASE TO SEND TO ALL YOUR PROCESS SERVERS

In Tseitline -v- Mikhelson [2015] EWHC 3065 (Comm) Mr Justice Phillips had to consider whether effective personal service had taken place. THE CASE The claimants had attempted to serve the defendant outside, and then later inside, the National Gallery.  The defendant refused to accept the documents and they were taken away by the process servers. […]

ANOTHER CLAIM FORM NOT SERVED PROPERLY: SERVICE ABROAD AND SERVICE ON A SOLICITOR

In Transportes Viana E Fernandes LDA -v- Baban & others (Brighton County Court, 15th January 2015)*  His Honour Judge Simkiss overturned the order of the District Judge in circumstances where the claim form had not been served properly.  The claim was struck out because of service errors. (* available on Lawtel). “…  the rules have […]

SERVICE BY E-MAIL: ALLOWED BY THE HIGH COURT SO THAT INJUNCTION COULD BE EFFECTIVE

In JPH -v- XYZ [2015] EWHC (a decision made this Saturday!) Mr Justice Popplewell made an order allowing service by e-mail. THE CASE The claimant was bringing an injunction to prevent “revenge porn”. An application was made without notice to restrain publication of certain photographs. SERVICE BY EMAIL Amongst the other orders made was an […]

SERVICE OF THE CLAIM FORM: A SORRY TALE OF A DOUBLE WHAMMY

We have looked at the case of Dzekova -v- Thomas Eggar LLP [2015] EWHC 2600 (QB) briefly before.  However the full transcript has become available. It reveals a sorry tale of woe and yet another case of problems with service. This time it happened to a claimant twice. The second time whilst suing her former […]

EXTENDING TIME FOR SERVING PARTICULARS OF CLAIM: AN APPLICATION AHEAD OF TIME SAVES THE DAY

In Lachaux -v- Independent Print Ltd [2015] EWHC 1847 (QB) Mr Justice Nicol considered the question of whether the court has power to prospectively order  an extension of time for service of the particulars of claim. He also considered the question of the court’s discretion to set aside an order made without notice. THE CASE […]