The defendant tenant appealed against judgment saying that the proceedings in the County Court had not been correctly served. Though the documents had been sent to his address under the lease, he had been out of the jurisdiction when the claim was sent. His appeal against judgment in default had been rejected as untimely.
Held: The appeal was dismissed. Service had been even though he had been out of the jurisdiction.
Judges:
May, Neuberger, Wilson LJJ
Citations:
[2006] EWCA Civ 1879, [2007] 1 WLR 1219
Links:
Statutes:
Rules of the Supreme Court O10R1, County Court Rules
Jurisdiction:
England and Wales
Citing:
Cited – Rolph v Zolan CA 1993
Postal service of County Court proceedings on an address within the jurisdiction could be good service notwithstanding that the defendant was physically outside the jurisdiction at the time of such service. Referring to RSC O10R1: ‘Thus it is . .
Not preferred – Cadogan Properties Limited v Mount Eden Land Limited CA 29-Jun-1999
If the defendant is outside England, an order for substituted service in England could not be obtained unless permission to serve proceedings out of the jurisdiction has first been obtained. . .
Cited – Godwin v Swindon Borough Council CA 10-Oct-2001
The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The . .
Cited – Chellaram and Another v Chellaram and others (No 2) ChD 16-Apr-2002
One of the defendants had not been properly served by posting the proceedings to an address at which he stayed on his very occasional visits to London. The proceedings had not been issued for the purposes of service abroad, because at the time of . .
Cited – Fairmays (A Firm) v Palmer ChD 31-Jan-2006
The defendant appealed against a decision not to set aside a judgment obtained against him by default. Whilst he retained a property in England, he lived in Ethiopia. The claim was served at the address in England, but was redirected to another . .
Cited – Collier v Williams and others CA 25-Jan-2006
Various parties appealed refusal and grant of extensions of time for service of claim forms.
Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could . .
Cited – Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc CA 14-May-2003
In each case claims had been late in being served and extensions in time were sought and refused.
Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 09 July 2022; Ref: scu.249064