Tag Archives: service of the claim form

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 […]

INVALID SERVICE OF CLAIM ON SOLICITORS: ANOTHER CLAIM FORM INCORRECTLY SERVED

Problems with service of the claim form are a regular feature of this blog. I have written, many times, about the dangers of leaving service of the claim form until the last minute.  I have also written, many times, about the need to clarify the address for service as early as possible (see the “related […]

BILLING YOUR OWN CLIENT: FIVE IMPORTANT LESSONS FROM THE HIGH COURT

There are number of important lessons to be drawn from the judgment yesterday of Master Gordon-Saker in Rahimian -v- Allan Janes LLP [2016] EWHC B18 (Costs). THE CASE The claimant sought an order that the defendant firm of solicitors deliver up a final statute bill in relation to work done in litigation. An estimate of […]

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 […]

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 […]

EXTENDING TIME FOR SERVICE OF A CLAIM FORM: PROSECCO MAY HELP

There have been numerous cases relating to extension of the claim form on this blog. I can’t remember one which ended well for the claimant.  However the claimant was successful in the Instone -v- Prosecco (Leeds) LImited [2016] EW Misc B13 (CC) a decision of His Honour Judge Behrens. KEY POINTS The Circuit judge upheld […]

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 […]

MORE ABOUT SERVICE OF THE CLAIM FORM: GOOD REASONS, DELAY AND A FAILURE TO PAY THE PROPER COURT FEES

In TMT Asia LImited -v- BHP Billiton Marketing AG [2016] EWHC 287 (Ch) Mr Justice Burton considered several issues relating to late service of the claim form and failure to pay the correct court fee. KEY POINTS The defendant’s application to set aside service was granted when the claimant had been granted two extensions of […]