The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred.
Held: The Claimant had not acted unreasonably in seeking to recover his loss and, in particular, in respect of the judgment and costs awarded in July 2005. He should not be required to undertake uncertain litigation against a third party with a view to enforcement in Iceland – especially having been refused an indemnity by the FCO.
Judges:
Eady J
Citations:
[2009] EWHC 2608 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Olafsson v Gissurarson QBD 8-Dec-2006
Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in . .
See Also – Olafsson v Gissurarson (No 2) QBD 20-Dec-2006
. .
See Also – Olafsson v Gissurarson (No 2) CA 3-Mar-2008
The defendant appealed against an order that service of the claim form could be dispensed with.
Sir Anthony Clarke MR said: ‘the whole purpose of service is to inform the defendant of the contents of the claim form and the nature of the . .
Cited – Pilkington v Wood 1953
The plaintiff bought freehold land from a seller conveying as beneficial owner, the defendant acting as the plaintiff’s solicitor in the transaction. When the plaintiff later tried to sell the property he found the title was defective, the seller . .
Cited – Klomps v Michel ECJ 16-Jun-1981
The words ‘the document which instituted the proceedings’ contained in article 27, point 2, of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters cover any document, such as the order . .
Cited – Maersk Olie and A/S v Firma M De Haan (Brussels Convention) ECJ 14-Oct-2004
Europa Brussels Convention – Proceedings to establish a fund to limit liability in respect of the use of a ship – Action for damages – Article 21 – Lis pendens – Identical parties – Court first seised – Identical . .
Cited – British Medical Association v Chaudhary CA 27-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 16 August 2022; Ref: scu.376267
