Service

High Court decision highlights that service of proceedings in another EU member state must be carried out under the EU Service Regulation

A decision of the High Court has highlighted a trap for the unwary when serving proceedings in another EU member state: it is not sufficient to serve proceedings in a way that would be valid for service of proceedings begun … Continue reading

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Filed under Jurisdiction, Service

Commercial Court provides guidance on requirements for personal service of proceedings on an individual defendant

The Commercial Court has held that proceedings were validly served on a Russian businessman during a visit to London, even though he refused to accept the documents and the process servers took the documents away again: Tseitline v Mikhelson & … Continue reading

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Think carefully about how you serve proceedings if you may need to enforce abroad

The High Court has refused recognition / enforcement of a Belgian judgment where the proceedings were validly served under Belgian law but did not come to the attention of the defendants before judgment was entered: Reeve & Others v Plummer … Continue reading

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Filed under Enforcement, Service

Proceedings can be served at UK establishment of overseas company despite claim not arising from that establishment

The Commercial Court has held that proceedings can be served on an overseas company at the registered address of its UK establishment, under section 1139 of the Companies Act or alternatively part 6 of the Civil Procedure Rules, regardless of whether the … Continue reading

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Contrasting first instance decisions on meaning of contractual requirement for “service” of claim

In a recent decision, the High Court has held that a contractual requirement to “serve” a claim within a particular period meant formal service under the CPR: T&L Sugars Limited v Tate & Lyle Industries Limited [2014] EWHC 1066 (Comm). … Continue reading

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Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure

In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant’s lawyer by e-mail as valid service, despite the fact that the lawyer had not agreed to accept service by … Continue reading

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Filed under Interim applications, Judgments/Orders, Service, Statements of case

High Court finds proceedings can be served at English address registered by overseas director under Companies Act 2006

In what appears to be the first case interpreting section 1140 of the Companies Act 2006, a High Court Master has found that service on a director’s English registered address was good service of proceedings, regardless of whether the director … Continue reading

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High Court held warranty claim served in time, though not deemed served under CPR till two days later

The High Court has held that a warranty claim was served on a defendant within the contractual time limit. On its proper construction the relevant clause did not require service to have taken place in accordance with the Civil Procedure … Continue reading

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UK Supreme Court clarifies when retrospective alternative service out of the jurisdiction is permitted

The Supreme Court has considered when an order can be made retrospectively declaring that steps taken to bring a claim form to the attention of a defendant outside of the jurisdiction amount to good service: Abela and others v Baadarani … Continue reading

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High Court refuses extension of time for service of particulars, further illustrating new strict approach to compliance

The High Court has refused an application to extend time for service of particulars of claim in circumstances where a fresh action would be time barred, with the result that the claimant will be unable to pursue its claim against … Continue reading

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Filed under Service, Statements of case