Category Serving documents

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 […]

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 […]