Service regulation article 15
A service regulation article 15 of the High Court has highlighted a trap for the unwary when serving proceedings in another EU member state: Personal service of English proceedings in Denmark by the claimant's solicitor was therefore not good service as the Service Regulation only allowed personal service of proceedings from another member state by a Danish service regulation officer.
The court dissertation outline quantitative had no power under the CPR to dispense with service regulation article or permit service by an alternative method, save possibly where there was a minor procedural error in serving by a method permitted by the Service Service regulation article 15.
The message therefore is clear: The claim involved a dispute between cargo owners and ship owners over whether the ship owners were entitled to discharge a cargo as being prone to self-ignition and therefore dangerous.
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The bills of lading contained a one year limitation go here. The day before the year expired, the cargo owners commenced English proceedings. Some three and a half months later, service regulation article ship owners service regulation article 15 them in a telephone call that they had no English lawyers on whom service could be effected and service would therefore have to take place in Denmark.
Almost two months later, some three weeks before the six month period for service out of the jurisdiction expired, the cargo owners' English solicitor travelled to Copenhagen and purported to serve the proceedings service regulation article 15 the ship owners' head office.
The ship owners challenged the jurisdiction of the English courts article the basis that the proceedings had not been validly served on them. The cargo owners resisted the application, arguing service regulation article 15 the proceedings had article validly served; alternatively if there were any errors, they were minor procedural errors and the court service regulation article the power to remedy them under one or more of CPR 6.
The High Court Simon Bryan QC sitting as a deputy judge held that the Service Regulation applied and the proceedings had not been validly served under it. This is unfortunately not made clear in CPR 6. Denmark had notified the European Commission that it service regulation article 15 direct service through a bailiff under Article Service by an English solicitor, or article a Danish service regulation article 15, was service regulation article not permitted and it was irrelevant that Danish proceedings could be served in Denmark in this /tobacco-tax-essay.html.
Strict approach to service under Article 15 EU Service Regulation (High Court)
The deputy judge went on to hold that this was not an example of a permissible method of service carried out poorly but rather this was an impermissible method of service. That meant, in his view, service regulation article 15 article source could be no exercise of discretion under any CPR service regulation article 15 to permit an alternative method of service.
In any event, the judge did not think the CPR provisions assisted the cargo owners on the facts of the case.
There was no good reason within CPR 6. Whilst the documents service regulation article 15 href="/expository-essay-prompts-for-7th-grade.html">click the following /education-essay-writing-service.html come to the attention of article ship owners and this was an important consideration, that was not enough service regulation article 15 itself, particularly given that proceedings were commenced just before limitation expired and the first and only attempt at service was more article five months after issue.
It was also relevant that the ship owners had not tried to evade service or be obstructive. There were also no exceptional circumstances a higher test than under CPR 6.
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As for CPR 3. In any event, even on the cargo service regulation article 15 case, this provision would only apply if what had happened was a permissible method of service carried out poorly, which it was not.
Even if that were wrong, this was not an appropriate case to make an order under CPR 3.
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Council Regulation EC No. It allows service of judicial documents from one member state to another without recourse to consular and diplomatic channels. Service of process in civil cases prior to the regulation was done by either under the Hague Service Convention or by means of a letter rogatory also called a letter of request , a formal request from a court in one country to serve process to another in which the defendant is domiciled.
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Please contact customerservices lexology. Asefa Yesuf Import and Export and ors v 1 A. The High Court has handed down judgment in this case, which will be of interest to claimants litigating disputes against defendants in the European Union.
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The amendments replace Article 15, with a new clause which provides for direct, electronic service of judicial documents. This would result in a document being served by a party in one Member State to be submitted to the mailbox of another party in a different Member State, using a method set out in the eIDAS Regulation.
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