Litigation Notes

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

High Court refuses to validate defective service where claim form sent to wrong email address

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 …

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

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 …

Court of Appeal gives wide interpretation to “damage” for the purposes of the common law jurisdictional gateway for tort claims

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 …

Default judgment set aside where claim served at closed offices during Covid-19 lockdown

The High Court has set aside default judgment obtained against a defendant Council where the claim form and particulars were posted to its offices …

A no-deal Brexit: The implications for disputes

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

High Court finds director can be served with all documents relating to proceedings at address registered at Companies House

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 …

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 …

Time limit for serving claim form will not run during stay of proceedings

In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any …

High Court refuses extension where claimants deliberately failed to serve claim form

In a recent judgment, the Senior Master of the High Court rejected an application for an extension of time to serve a claim form on one of the defendants …

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 …