Olafsson v Gissurarson [2006] EWHC 3162 (QB) (08 December 2006)

Olafsson v Gissurarson [2006] EWHC 3162 (QB) (08 December 2006)

CPR 3.10 cannot be used to cure a fundamental defect in service where the method used was not fully compliant with the law of the country where service was effected. As there was no valid service, the default judgment must be set aside under CPR 13.2.

Citation
[2006] EWHC 3162
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 Out of Jurisdiction, Default Judgment, Application of CPR 3.10, Defective Service, Libel
Civil Procedure Defamation Service of Process Out of Jurisdiction Default Judgment Application of CPR 3.10 Defective Service Libel

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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 incomplete under 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 fundamental defect in service where the method used was not fully compliant with the law of the country where service was effected. As there was no valid service, the default judgment must be set aside under CPR 13.2.

Court Disposition

Appeal allowed; default judgment set aside

Orders

  • Default judgment set aside
  • Further orders to be determined regarding the future conduct of the claim