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: … Continue reading Kamali v City and Country Properties Ltd: CA 24 Jul 2006
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The appellant was excluded from school. A female pupil related her fear of him to a teacher, but would not make a formal complaint, and the appellant was not to be told of the report or the investigation of it. There was said to have been confusion between suspension, exclusion and expulsion. The court was … Continue reading JR17 for Judicial Review (Northern Ireland): SC 23 Jun 2010
Various defendants were served out of the jurisdiction but with the wrong copies of the writs, receiving a copy addressed to another defendant. One defendant received no writ at all, but only a form of acknowledgment of service. Held: The court unanimously accepted that O.2. r.1 was to be given wide effect. The majority held … Continue reading Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990
References: [1990] 2 Lloyds Rep 210 Coram: McCowan LJ and Sir John Megaw, Lloyd LJ dissenting Various defendants were served out of the jurisdiction but with the wrong copies of the writs, receiving a copy addressed to another defendant. One defendant received no writ at all, but only a form of acknowledgment of service. Held: … Continue reading Golden Ocean Assurance Ltd v Martin (‘The Goldean Mariner’): CA 1990
Service by post at the last known address of a defendant is not deemed effective if the defendant can show that he did not actually receive it. Citations: Ind Summary 31-Jul-1995, Times 06-Jul-1995 Statutes: Rules of the Supreme Court Order 10 r1 Jurisdiction: England and Wales Litigation Practice Updated: 21 January 2023; Ref: scu.80644
A Statutory Demand is only finally decided after the failure of a set aside application. Judges: Carnwath J Citations: Times 10-Apr-1997, [1997] 2 BCLC 354 Statutes: Rules of the Supreme Court O59R10(2) Cited by: Appeal from – AIB Finance Ltd v Debtors (Alsop and Another) CA 11-Mar-1998 The duty of care of a lender to … Continue reading AIB Finance Ltd v Debtors: ChD 10 Apr 1997
It was alleged that a Mr Guerin had committed a fraud on the arms manufacturer Ferrari. Held: The constructive trust provision in RSC Order 11, r 1(1)(t) applied only if all the acts necessary to impose liability were committed in England, and that accordingly it applied to knowing participation by acts in a fraudulent breach … Continue reading ISC Technologies Limited v Radcliffe: 7 Dec 1990
Defence served by fax was deemed to have been served when it was received on the recipient’s fax machine, not when it was printed out later. Service had been effected before judgment was entered in default. Citations: Times 08-May-1998 Statutes: Rules of the Supreme Court Order19 R 2 Jurisdiction: England and Wales Litigation Practice Updated: … Continue reading Anson v Tramp: CA 8 May 1998
The House considered the validity of service of proceedings. Documents were served by means of ‘letterbox service’ when the defendant was en-route to this country but was not within the jurisdiction. Later that day he arrived within the jurisdiction and was warned by his servant of the delivery of a package, which plainly contained proceedings … Continue reading Barclays Bank Swaziland Ltd v Hahn: HL 1989
The parties disputed what constituted an application under section 288 of the 1990 Act. Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the court rules. The Inspector’s letter was not sufficiently clear as to whether permission was being … Continue reading Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993
‘[C]onstructive trustee’ must be read allowing both proprietary and personal claimants. Citations: Times 03-Mar-1997 Statutes: Rules of the Supreme Court Order 11 R1 Trusts Updated: 08 April 2022; Ref: scu.80806
Before proceedings, the plaintiff widow accepted the defendants’ offer to settle her and her infant son’s Fatal Accidents Acts claim ‘subject to the approval of the court’. A summons was then issued for the court to approve that settlement. The . .
References: Unreported, December 7, 1990 Coram: Millett J It was alleged that a Mr Guerin had committed a fraud on the arms manufacturer Ferrari. Held: The constructive trust provision in RSC Order 11, r 1(1)(t) applied only if all the acts necessary to impose liability were committed in England, and that accordingly it applied to … Continue reading ISC Technologies Limited v Radcliffe; 7 Dec 1990
