Category: service

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

Review of Part 6 of the Civil Procedure Rules: service of documents – Ministry of Justice

Posted July 9th, 2007 in civil procedure rules, consultations, service by sally

“This consultation paper seeks views on proposals to simplify the rules in Part 6 of the Civil Procedure Rules 1998 on service of documents within the jurisdiction and for service out of the jurisdiction.”

 Review of  Part 6 of the Civil Procedure Rules: service of documents

Ministry of Justice, 9th July 2007 

Source: www.justice.gov.uk

Drury v. British Broadcasting Corporation and Another – Times Law Reports

Posted June 11th, 2007 in law reports, service, time limits by sally

All steps to be taken in time 

Drury v. British Broadcasting Corporation and Another

Court of Appeal

“A claimant applying to extend time for service of the claim form should demonstrate to the court that he had taken all reasonable steps to effect service on the defendant before the time for service expired.”

The Times, 11th June 2007

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.

Russian oligarch blocks £1.5bn lawsuit – The Times

Posted May 3rd, 2007 in domicile, news, service by sally

“Russian oligarch Oleg Deripaska this morning won the first round of a legal battle to block a £1.5 billion lawsuit filed against him by a former friend and business partner.”

Full story

The Times, 3rd May 2007

Source: www.timesonline.co.uk