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 of service did not comply with the law of the country in which service was effected. As service was not properly effected on the defendant in Iceland, the default judgment was wrongly entered and must be set aside.

Citation
[2006] EWHC 3162 (QB)
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 of service did not comply with the law of the foreign country
  2. 2 Whether the 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 of service did not comply with the law of the country in which service was effected. As service was not properly effected on the defendant in Iceland, the 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 regarding the future conduct of the claim.