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.
Citations:
[1999] EWCA Civ 1709, [2000] IL Pr 722
Jurisdiction:
England and Wales
Cited by:
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 . .
Not preferred – 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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Litigation Practice
Updated: 30 May 2022; Ref: scu.146624
