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 Iceland.
Held: The appeal was allowed. Rule 3.10 could not be used to validate retrospectively the service of the claim form and therefore judgment in default was set aside.
Judges:
Justice Mackay
Citations:
Times 22-Dec-2006, [2006] EWHC 3162 (QB), [2007] 2 All ER 88
Links:
Statutes:
Civil Procedure Rules 3.10 6.9
Jurisdiction:
England and Wales
Cited by:
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 . .
See Also – Olafsson v Gissurarson (No 2) QBD 20-Dec-2006
. .
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 13 September 2022; Ref: scu.247703
