Litigation Notes

Court of Appeal confirms no duty on solicitor to warn opponent of error in serving claim form

High Court finds director can be served with all documents relating to proceedings at address registered at Companies House

The High Court has held that section 1140 of the Companies Act 2006 permits service on a director, of all documents relating to proceedings against that …

Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit

The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation …

Time limit for serving claim form will not run during stay of proceedings

In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any …

High Court refuses extension where claimants deliberately failed to serve claim form

In a recent judgment, the Senior Master of the High Court rejected an application for an extension of time to serve a claim form on one of the defendants …

No duty on solicitor to inform opponent of error in service

The High Court has held that there was no good reason to validate service retrospectively where the claimant's solicitors had served proceedings on …

Court of Appeal gives wide interpretation to common law gateways for service out of the jurisdiction

The Court of Appeal has given a wide interpretation to the interaction between the "necessary or proper party" gateway and the relatively new gateway …

Supreme Court refuses to validate service retrospectively where there was no prior agreement to email service

In a recent decision, the Supreme Court declined to order that steps taken by the claimant to draw the claim form to the attention of the defendant by …

Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law

The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort …

US Supreme Court finds that Hague Service Convention does not prohibit service of process by mail in US lawsuits

In Water Splash, Inc v Menon, the US Supreme Court examined the question of whether the Hague Service Convention prohibits service of process by mail on …

High Court decision highlights that service of proceedings in another EU member state must be carried out under the EU Service Regulation

A decision of the High Court has highlighted a trap for the unwary when serving proceedings in another EU member state: it is not sufficient to serve …

Commercial Court provides guidance on requirements for personal service of proceedings on an individual defendant

The Commercial Court has held that proceedings were validly served on a Russian businessman during a visit to London, even though he refused to accept …