Wills & Trusts Law Reports | Summer 2024 #195A deputy had made an application to vary a statutory will and disputed that carers and unidentified charities needed to be served and notified of the same. The Official Solicitor made an application to resolve the dispute on service and the court determined, as argued by the Official Solicitor, that the rules required service of the variation application on carers and unidentified charities but that service on the carers could be dispensed with. The Official Solicitor made an application for the costs of the service issue.
Held:
- (1) Each case must be considered on i...
Applications for extensions of time for service of a claim form are risky and should be avoided. Ian Meikle reports on the latest Court of Appeal guidance ‘The reason given for the need for more time was simply “there have been delays in arranging for service of the documents”. No witness statement was served with …
Continue reading "Service: Late delivery"
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Alexander Halban reports on clarification by the Court of Appeal of the test for service out of the jurisdiction ‘The test is flexible and, in unclear cases, the third limb allows a claimant to establish jurisdiction with plausible evidence, even if the judge cannot resolve disputed issues.’ The English court’s jurisdiction over a defendant domiciled …
Continue reading "Service: Glosses, explications and reformulations"
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Benjamin Williams QC and Ben Smiley consider judicial guidance about how and when service can be effected ‘This was the first occasion on which the basis and extent of the jurisdiction to bring a claim against an unnamed defendant had been considered by the Supreme Court or the House of Lords.’ The Supreme Court has …
Continue reading "Service: Suing unnamed defendants and approaches to alternative service"
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Amy Harris looks at the requirements as to service to seise jurisdiction, and whether a delay in serving a divorce petition may impact on the priority of proceedings ‘A court is seised once the petition is lodged with the court, and the purpose of this rule is to prevent abuse of process and to ensure …
Continue reading "Service: Place on notice"
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John Oxley looks at issues of service and set-aside where a party is overseas and only partially engaged with the proceedings ‘It was the contention of the husband that the 1965 Convention, as implemented through the rules in this jurisdiction, was mandatory and exclusive when service was effected abroad.‘ In Wilmot v Maughan [2017], the …
Continue reading "Service: Out of reach?"
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Wills & Trusts Law Reports | Autumn 2017 #169AAZ (W) applied for financial orders ancillary to her divorce from BBZ (H). H was the sole director of the second respondent C Ltd, a Cypriot registered company and the trustee of a Bermudian Discretionary Trust (the trust). P Ltd, the third respondent, is a Panamian company which H said was within the trust. P Ltd was said to hold the bulk of the wealth in the case. None of the respondents took any part in the trial. H was in breach of several court orders, including one compelling his personal attendance for the duration of the trial.
H and W had been married since 1993 when the...
Alice Couriel examines the issue of delay in the service of a petition, and the implications as to jurisdiction ‘Where a respondent is deliberately evading service, should the petitioner be at fault in the eyes of the court, or even prejudiced if service does not take place within a specific time?’ In Thum v Thum …
Continue reading "Service: Against the clock"
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Andrew Cousins highlights the practical lessons to be learned from the recent decisions in Barton v Wright Hassall LLP [2016] and OOO Abbott v Econowall UK Ltd [2016] ‘Service has a number of purposes but the most important is to ensure that the contents of the document served are communicated to the defendant. Service is …
Continue reading "Service: First serve"
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Joanne Hall looks at service outside the jurisdiction and the impact of the digital age ‘If it could be shown that a respondent did not receive an e-mail then it would be unfair to presume service, but the majority of people, of all generations, are now actively engaged in technology.’Technology undoubtedly reigns supreme in our …
Continue reading "Service: Forward thinking"
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