A British citizen or neutral who is voluntarily resident in the enemy country is to be treated as an alien enemy when the question is asked as to his entitlement to bring proceedings in England.
An order for substituted service, which is as effective to constitute the proceedings, though there has not been personal service, will, if properly effected according to the terms of the order for it, be deemed to be personal service if, when personal service is a ‘practical impossibility’, the method of service is ‘one which will in all reasonable probability, if not certainty, be effective to having knowledge of the writ . . to the defendant’
Lord Reading CJ
[1915] 1 KB 857, [1914-15] All ER 918
England and Wales
Cited by:
Cited – Amin v Brown ChD 27-Jul-2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover.
Held: Under modern law it could not be a requirement that a state of . .
Cited – Cameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 10 January 2022; Ref: scu.230002
