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

No duty on solicitor to inform opponent of error in service

The High Court has held that there was no good reason to validate service retrospectively where the claimant’s solicitors had served proceedings on the defendant’s solicitors shortly before expiry of the claim form without having obtained confirmation that the solicitors were instructed to accept service: Phoenix Healthcare Distribution Ltd v Woodward [2018] EWHC 2152 (Ch). … Read more

Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law

The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort jurisdictional gateway in the CPR, disagreeing with the Court of Appeal: Lady Christine Brownlie v Four Seasons Holdings Incorporated [2017] UKSC 80 (our post on the Court of Appeal … Read more