Service
Service of EU proceedings in England: receipt by fax sufficient to seise foreign court
The High Court has decided that receipt by fax at the Foreign Process Section (FPS) of the English court of proceedings commenced in another member state is sufficient to seise the foreign court. The proceedings do not also have to … Continue reading
Filed under Jurisdiction, Service
Party in breach of “unless” order due to strict application of deemed service provisions
The High Court has held that a party was in breach of an “unless” order requiring service of a disclosure list by a particular date, despite the opponent’s solicitors having received the list by that date, as a result of the … Continue reading
Filed under Judgments/Orders, Part 36 offers, Service
English court allows service via Facebook
As reported in the legal press, on Friday last week the High Court (Mr Justice Teare) granted permission to serve a claim on an individual defendant via Facebook, as the parties involved had been unable to locate him. This comes … Continue reading
Filed under Service
Court of Appeal clarifies: alternative service available for service out of jurisdiction
There has been a string of recent cases considering the possibility of effecting service out of the jurisdiction by alternative means. The upshot of this case law is that although it is possible to obtain an order for alternative service … Continue reading
Filed under Jurisdiction, Service
Personal service on director not valid where company not present in jurisdiction
The Court of Appeal has held that a foreign company which does not carry on business within England and Wales cannot be validly served by leaving a claim form with a director who is within the jurisdiction: SSL International Plc and another v TTK … Continue reading
Filed under Jurisdiction, Service
Service Permissible via Twitter
In the recent case of Blaney v Persons Unknown (October 2009), the English court demonstrated a willingness to move with the times and made an order permitting alternative service of an injunction via Twitter, the popular social networking website. No … Continue reading
Filed under Service
Are the English courts ready for service through Facebook?
On 16 December 2008, a judge in the Australian Capital Territory Supreme Court permitted service of a default judgment via the social networking site, Facebook: MKM Capital Property Limited v Corbo and Poyser (No. SC 608 of 2008). No written judgment … Continue reading
Filed under Service
Decide at an early stage whether to challenge service / jurisdiction
Failure to comply with strict procedural rules may result in waiver of the right to challenge: Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203.
Filed under Jurisdiction, Service
