Olafsson v Gissurarson

Olafsson v Gissurarson

CPR 3.10 cannot be used to cure a failure to comply with the mandatory requirements of service under the foreign law where the method used was not fully compliant. As there was no valid service, default judgment was wrongly entered and must be set aside.

Parties
Claimant / Respondent: Jon Olafsson; Defendant / Appellant: Hannes Holmsteinn Gissurarson
Jurisdiction
England and Wales
Judgment Date
08 December 2006
Procedural Posture
Appeal / Appeal From Order Refusing to Set Aside Default Judgment
Outcome
Appeal allowed; default judgment set aside
Legal Topics
Service of Process, Default Judgment, Jurisdiction, Application of CPR 3.10, International Service of Process
Civil Procedure Defamation Service of Process Default Judgment Jurisdiction Application of CPR 3.10 International Service of Process

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Parties

Jon Olafsson

Claimant / Respondent

Hannes Holmsteinn Gissurarson

Defendant / Appellant

Procedural Posture

Appeal / Appeal From Order Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether CPR 3.10 can be used to cure a defect in service of process out of the jurisdiction where the method used was not fully compliant with the foreign law
  2. 2 Whether default judgment should be set aside for lack of proper service

Ratio Decidendi

CPR 3.10 cannot be used to cure a failure to comply with the mandatory requirements of service under the foreign law where the method used was not fully compliant. As there was no valid service, default judgment was wrongly entered and must be set aside.

Court Disposition

Appeal allowed; default judgment set aside

Orders

  • Default judgment set aside
  • Further orders to be determined after submissions from the parties