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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: The court unanimously accepted that O.2. r.1 was to be given wide effect. The majority held that service, the step in the proceedings which had been attempted, was to be regarded as valid in the case of all defendants.
Lloyds LJ accepted that for the defendants served with the wrong copy writs, the court had a discretion: ‘The service was grossly defective. But service, or purported service, it remained.’ However, he would not have exercised that discretion in the claimant’s favour. As to the defendant served only with an acknowledgment of service, this was ‘an omission which is so serious that…[i]t cannot be described as a failure to comply with the requirements of the Rules by reason of something left undone . . The service of the form of acknowledgment cannot make up for the absence of the writ.’
Statutes: Rules of the Supreme Court 2 r1
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