If solicitors for one party know that the party being served is out of country, then service at his last known address is irregular. The procedure which allows deemed service is to be followed strictly. Stuart-Smith LJ: ‘Whether it is entirely right to say that there is no discretion in the matter or whether, as it seems to me, the Court of Appeal in White v Weston said that there may be a discretion but it can only be exercised one way, is I think immaterial. If it is an exercise of discretion, where there has been no service at all, the discretion can only be exercised one way as appears to have been the view of the court in Gold Ocean Assurance Ltd v Martin [1990] 2 Lloyd’s Rep 215.’
Judges:
Stuart-Smith LJ, Kennedy LJ
Citations:
Gazette 07-Sep-1994, Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 10-Mar-1994, CAT No 233 of 1994
Statutes:
Rules of the Supreme Court 67.7
Jurisdiction:
England and Wales
Cited by:
Cited – Nelson and Another v Clearsprings (Management) Ltd CA 22-Sep-2006
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 04 May 2022; Ref: scu.77772