High Court finds common law “necessary or proper party” gateway for service out of the jurisdiction does not apply when the anchor defendant has voluntarily submitted to the court’s jurisdiction

The High Court has held that the “necessary or proper party” gateway contained in CPR Practice Direction 6B, paragraph 3.1(3) does not apply when the anchor defendant has voluntarily submitted to the court’s jurisdiction: ID v LU and BZ [2021] EWHC 1851 (Comm). In a case in which none of the parties were domiciled or … Read more

A no-deal Brexit: The implications for disputes

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

Court of Appeal confirms no duty on solicitor to warn opponent of error in serving claim form

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

Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit

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