26 mai 2020
Disputes Quick Read – 41 de 68 Publications
Disputes Quick Read: The importance of proper service
Correctly serving a claim form is a crucial step in commencing litigation. It marks the point at which a defendant is on notice that they will need to defend a claim and begins the litigation clock. Failure to serve the document in accordance with the Civil Procedure Rules (CPR 6.3) can cause significant issues for a claimant. Post, personal service and fax are the classic examples – but what about alternate methods, including novel electronic means?
The Civil Procedure Rules do allow the court to make an order permitting service by alternative methods (CPR 6.15) in situations where service under the existing rules is not possible. Alternative methods successfully used to date have included WhatsApp, a website's contact form and Facebook's Messenger platform. What constitutes good alternative service can also include "steps already taken to bring the claim form to the attention of the defendant".
However, it is vital to note that – while these alternative methods are available – in order to be successful and considered "good service", they require the permission of the court by way of an order under CPR 6.15.
In Canada Goose UK Retail Ltd and another v Persons Unknown and another, the clothing retailer Canada Goose failed in its bid for a final injunction against a fluctuating group of protesters whose identities and addresses were unknown, on one basis because they had failed to obtain an order for alternative service. In that case, it was at the physical premises subject to the protests or on social media platforms used by the protesters. Such an order would likely have been available to the claimant but had not been sought.
The case serves as a useful reminder that in times where ordinary service is difficult if a claimant wished to use a novel method of service – including a new technology – it must follow the procedure in accordance with the CPR in relation to service by alternate means.
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
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Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
6 September 2021
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Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
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5 May 2021
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Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21 April 2021
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Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
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Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26 February 2021
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
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20 January 2021
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Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Why the modernised LCIA rules are a welcome update
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Disputes Quick Read: The latest on Unexplained Wealth Orders
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Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
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Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
21 April 2020
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Disputes Quick Read: A different approach to witness evidence
11 March 2020
par James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
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Disputes Quick Read: Embracing remote hearings – the experience to date
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Disputes quick read: climate change activism by litigation
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Disputes Quick Read: Commercial Court's arbitral power shift
21 February 2020
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Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
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Disputes Quick Read: Will the civil justice system change forever post COVID-19?
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Disputes Quick Read: Privilege waiver warning
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Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
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Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
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Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
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Disputes Quick Read: Climate change litigation – what's the latest?
10 January 2022
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Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
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Disputes Quick Read: Dealing in crypto? Be careful what you call it
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