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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 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

Forward v West Sussex County Council and Others: CA 6 Jul 1995

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

Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

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

Kamali v City and Country Properties Ltd: CA 24 Jul 2006

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

Anson v Tramp: CA 8 May 1998

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

Barclays Bank Swaziland Ltd v Hahn: HL 1989

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

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