The High Court has held that there was no good reason to validate service retrospectively, or extend time for service, where the claimant’s solicitors had purported to serve the claim form by emailing an unsealed copy to the correct address but the sealed copy to incorrect addresses: R. (on the application of The Good Law … Read more

In a recent decision, the High Court confirmed that proceedings had been properly served on a borrower where it had failed to comply with its contractual obligations to appoint a process agent and so the lender had appointed an agent on its behalf as permitted by the credit agreement: Banco San Juan Internacional Inc v … Read more

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR: FS Cairo (Nile Plaza) LLC v Christine Brownlie [2020] EWCA Civ 996. In doing so it followed obiter comments made by the … Read more

The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices shortly after the start of the Covid-19 lockdown: Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB). While the court in this case was satisfied that the defendant had … Read more

As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit – either then or at some later date – remains a very real possibility. In this blog post we consider the implications of such an outcome for commercial litigation involving the English … Read more

The Court of Appeal has upheld a decision that there was no good reason to validate service retrospectively where the claimant’s solicitors had purported to serve proceedings on the defendant’s solicitors shortly before the claim form expired without first confirming that the solicitors were instructed to accept service: Woodward v Phoenix Healthcare Distribution Ltd [2019] … Read more

The High Court has held that section 1140 of the Companies Act 2006 permits service on a director, of all documents relating to proceedings against that individual, at the address they have registered at Companies House: Brouwer v Anstey [2019] EWHC 144 (Ch). The court applied the decision of Master Marsh in Key Homes Bradford … Read more

The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, which will mean that the EU Service Regulation (1393/2007) and Taking of Evidence Regulation (1206/2001) no longer apply to the UK when it leaves the EU. … Read more