Service

Court of Appeal gives wide interpretation to common law gateways for service out of the jurisdiction

The Court of Appeal has given a wide interpretation to the interaction between the “necessary or proper party” gateway and the relatively new gateway permitting claims against the same defendant arising out of the same or closely connected facts (gateway … Continue reading

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Supreme Court refuses to validate service retrospectively where there was no prior agreement to email service

In a recent decision, the Supreme Court declined to order that steps taken by the claimant to draw the claim form to the attention of the defendant by email should amount to good service despite the claimant (a litigant in … Continue reading

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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 … Continue reading

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US Supreme Court finds that Hague Service Convention does not prohibit service of process by mail in US lawsuits

In Water Splash, Inc v Menon, the US Supreme Court examined the question of whether the Hague Service Convention prohibits service of process by mail on non-US parties sued in US cases. The US Supreme Court unanimously found that service … Continue reading

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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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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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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