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 claimant’s case: see eg Barclays Bank of Swaziland Ltd v Hahn [1989] 1 WLR 506, 509 per Lord Brightman, and the definition of ‘service’ in the glossary to the CPR, which describes it as ‘steps required to bring documents used in court proceedings to a person’s attention . .”
Judges:
Sir Anthony Clarke MR, Dyson, Jacob LJJ
Citations:
[2008] EWCA Civ 152, [2008] 1 WLR 2016, [2008] CP Rep 25, [2008] 1 CLC 458, [2008] 1 All ER (Comm) 1106
Links:
Jurisdiction:
England and Wales
Citing:
Appeal From – Olafsson v Gissurarson (No 2) QBD 20-Dec-2006
. .
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 . .
Cited by:
See Also – Olafsson v Foreign and Commonwealth Office QBD 22-Oct-2009
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 . .
Cited – Abela and Others v Baadarani SC 26-Jun-2013
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Defamation
Updated: 13 July 2022; Ref: scu.266056