Tag Archives: Service of documents

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 […]

SERVICE OF PROCEEDINGS AND MISSING DOCUMENTS: WHY IT IS DANGEROUS FOR A DEFENDANT TO ATTEMPT TO STAND ON ITS RIGHTS

When proceedings are served and key documents are missing it is tempting for a defendant to attempt to stand on its rights and not reply at all to the claim. However the case of Rushworth -v- Harvey [2016] EWHC 1386 (QB) shows that this is a dangerous practice. A claim form served without the accompanying […]

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 […]

LATE SERVICE OF THE CLAIM FORM, EXTENSIONS OF TIME AND RESTORATION TO THE REGISTER: IT DOESN’T END WELL

The decision in Hyfield Estates Ltd -v- Eggar [2015] EWHC 3773 (QB) (His Honour Judge Peter Hughes QC sitting as a Judge of the High Court) provides another example of the dangers of late service of the claim form “It is easy to see with the benefit of hindsight where things went wrong, but the […]

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 […]