In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by tracey

In re C (A Child): [2013] EWCA Civ 1412;   [2013] WLR (D)  449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening): Regina (West London Vocational Training College) v Same: [2013] UKSC 51;   [2013] WLR (D)  294

“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 51 UKSC 2012/0060 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Abela v Baadarain – WLR Daily

Abela v Baadarain [2013] UKSC 44; [2013] WLR (D) 251

“The court’s power, when the parties were within the jurisdiction, to make an order under CPR r 6.15(2), that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place was good service, was applicable to claims where the defendant was outside the jurisdiction in a state in respect of which no relevant bilateral convention on service of judicial documents existed.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

Abela and others (Appellants) v. Baadarani (Respondent) – Supreme Court

Posted June 27th, 2013 in appeals, documents, law reports, service, Supreme Court, time limits by sally

Abela and others (Appellants) v. Baadarani (Respondent) [2013] UKSC 44 | UKSC 2012/0023 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Hills Contractors and Construction Ltd v Struth and another – WLR Daily

Posted June 24th, 2013 in civil procedure rules, documents, law reports, service, solicitors by sally

Hills Contractors and Construction Ltd v Struth and another [2013] EWHC 1693 (QB); [2013] WLR (D) 246

“A photocopy of a sealed claim form sent with a letter to the defendants’ solicitors for the purposes of document exchange was not proper service of the claim form for the purposes of CPR r 6.3(b).”

WLR Daily, 17th June 2013

Source: www.iclr.co.uk

High Court bares post-Jackson teeth with stricter approach to relief from sanctions – Litigation Futures

Posted May 23rd, 2013 in civil procedure rules, courts, news, service, time limits by sally

“The High Court has sent the first sign of a hardened stance against missed deadlines since the new Civil Procedure Rules (CPR) came into force.”

Full story

Litigation Futures, 23rd May 2013

Source: www.litigationfutures.com

Freetown Ltd v Assethold Ltd – WLR Daily

Posted December 20th, 2012 in appeals, doctors, law reports, party walls, service, time limits by tracey

Freetown Ltd v Assethold Ltd: [2012] EWCA Civ 1657;   [2012] WLR (D)  379

“Service of a party wall award pursuant to section 15(1) of the Party Wall etc Act 1996 was effective from the date the award was received or deemed to have been received by a party.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Freetown Ltd v Assethold Ltd – WLR Daily

Posted May 28th, 2012 in appeals, law reports, party walls, service, surveyors, time limits by sally

Freetown Ltd v Assethold Ltd [2012] EWHC 1351 (QB); [2012] WLR (D) 162

“Service of a surveyor’s award sent by post, pursuant to section 15(1) of the Party Wall etc Act 1996, was effected when the award was consigned to the post.”

WLR Daily, 21st May 2012

Source: www.iclr.co.uk

Firm entitled to serve legal documents via Facebook, High Court rules – OUT-LAW.com

Posted February 23rd, 2012 in documents, internet, news, service by sally

“The High Court has ruled that legal claims can be served through Facebook after uncertainty was expressed about the postal address of one of defendants, according to a newspaper report.”

Full story

OUT-LAW.com, 22nd February 2012

Source: www.out-law.com

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted November 25th, 2011 in law reports, mental health, service, time limits, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340

“The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working day within the period, it was not in fact received by the tribunal until the next working after an intervening holiday period during which the 14-day time limit had expired.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

SSL International plc and another v TTK LIG Ltd and others – WLR Daily

Posted October 21st, 2011 in civil procedure rules, foreign companies, law reports, service by sally

SSL International plc and another v TTK LIG Ltd and others [2011] EWCA Civ 1170; [2011] WLR (D) 299

“Service of a claim form on the director of a foreign company during his temporary visit to England did not constitute personal service of the claim form on the company, within CPR r 6.5(3)(b), where the company was neither resident nor carried on business in England and all its directors were resident overseas when the proceedings were purportedly served.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Proceedings brought by Peñarroja Fa – WLR Daily

Posted March 22nd, 2011 in courts, EC law, freedom of movement, law reports, service by sally

Proceedings brought by Peñarroja Fa (Joined Cases C-372/09 and C-373/09); [2011] WLR (D) 98

“A duty entrusted by a court, in relation to specific matters within the context of a dispute before it, to a professional who had been appointed as a court expert translator constituted the provision of services for the purposes of article 50EC of the EC Treaty (now article 57FEU of the FEU Treaty)). The activities of court experts in the field of translation did not constitute activities which were connected with the ‘exercise of official authority’ for the purposes of the first paragraph of article 45EC of the EC Treaty (now article 51FEU of the FEU Treaty). Article 49 EC (now Article 56 TFEU) precluded (a) national legislation under which (i) enrolment in a register of court expert translators was subject to conditions concerning qualifications but (ii) the interested parties could not obtain knowledge of the reasons for the decision taken and that decision was not open to effective judicial scrutiny enabling its legality to be reviewed, inter alia, with regard to its compliance with the requirement under European Union law that the qualifications obtained and recognised in other member states had to have been properly taken into account; and (b) a requirement that no person might be enrolled in a national register of court experts as a translator unless he could prove that he had been enrolled for three consecutive years in a register of court experts maintained by a particular national court, where such a requirement was found to prevent the qualification obtained by a person and recognised in that another member state from being duly taken into account for the purposes of determining whether that qualification might attest to skills equivalent to those normally expected of a person who had been enrolled for three consecutive years in a register of court experts maintained by the member state in which the expert was seeking enrolment. The duties of court expert translators, as discharged by experts enrolled in a national register were not covered by the definition of ‘regulated profession’ set out in article 3(1)(a) of Parliament and Council Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p 22).”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Posted March 17th, 2011 in contracts, EC law, law reports, public procurement, service by sally

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Salazar-Duarte v Government of the United States of America – WLR Daily

Posted December 3rd, 2010 in appeals, extradition, jurisdiction, law reports, service, time limits by sally

Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313

“For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made.”

WLR Daily, 2nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Posted November 8th, 2010 in conflict of laws, jurisdiction, law reports, service by sally

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Aktas v Adepta; Dixie v British Polythene Industries plc – WLR Daily

Posted October 27th, 2010 in civil procedure rules, law reports, limitations, negligence, service by sally

Aktas v Adepta; Dixie v British Polythene Industries plc [2010] EWCA Civ 1170 ; [2010] WLR(D) 269

“Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law jurisdictions, proceedings were commenced when issued and not when served. But it was not until service that the defendant was given proper notice of the proceedings. The additional time between issue and service was thus, in a way, an extension of the limitation period. A claimant could issue proceedings on the last day of the limitation period and still enjoy a further four-month period before service. The strictness with which the time for service was supervised thus had valid public interest underpinnings which were quite separate from the doctrine of abuse of process.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Andrew Brown v Innovatorone plc and others – WLR Daily

Posted June 23rd, 2009 in law reports, service, solicitors by sally

Andrew Brown v Innovatorone plc and others [2009] EWHC 1376 (Comm); [2009] WLR (D) 205

“A claim form was not effectively served on a solicitor where the solicitor had not notified the claimant in writing that the solicitor had been instructed by the defendant to accept service on behalf of the defendant, and, while it did not require exceptional circumstances for exercise of the court’s power to authorise service by an alternative method to those specifically permitted, a rigorous approach was to be taken to the issue whether there was good reason to exercise that power.”

WLR Daily, 22nd June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted February 11th, 2009 in law reports, service, service out of jurisdiction, state immunity by sally

NML Capital Ltd v Republic of Argentina

Queen’s Bench Division

“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”

The Times, 11th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Review of Part 6 of the Civil Procedure Rules: Service of Documents [CP 14/07] – Ministry of Justice

Posted March 19th, 2008 in civil procedure rules, consultations, service by sally

“The post-consultation report contains a summary of responses to the consultation, a detailed response to the specific questions raised in the report and the next steps following the consultation.”

Response to consultation (PDF)

Ministry of Justice, 18th March 2008

Source: www.justice.gov.uk