Hornan v Baillie & Ors [2012] EWHC 285 (Ch) (06 January 2012)

Hornan v Baillie & Ors [2012] EWHC 285 (Ch) (06 January 2012)

Service on Mr Baillie was defective as it did not comply with the mandatory requirements of the Service Regulation (EC 1393/2007), and the defect should not be waived because it would deprive Mr Baillie of a potential limitation defence. The orders for service out and all orders made on the basis of jurisdiction against Mr Baillie are set aside.

Citation
[2012] EWHC 285 (Ch)
Parties
Claimant: Ladislav Hornan (as the liquidator of Baillies Limited); First Respondent: James Stuart Baillie; Respondents: Other Respondents
Jurisdiction
England and Wales
Judgment Date
06 January 2012
Procedural Posture
Insolvency Application / Application to Set Aside Service and Related Orders
Outcome
Application granted in part; service and all orders against Mr Baillie set aside; injunction extended for 14 days.
Legal Topics
Service Out of Jurisdiction, Defective Service, Limitation Period, Insolvency Act 1986 S.423, Council Regulation (ec) 1393/2007, Waiver of Defects, Freezing Injunction
Insolvency Civil Procedure European Law Service Out of Jurisdiction Defective Service Limitation Period Insolvency Act 1986 S.423 Council Regulation (ec) 1393/2007 +2 more

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Parties

Ladislav Hornan (as the liquidator of Baillies Limited)

Claimant

James Stuart Baillie

First Respondent

Other Respondents

Respondents

Procedural Posture

Insolvency Application / Application to Set Aside Service and Related Orders

Legal Issues

  1. 1 Whether service on Mr Baillie in France was valid under the Service Regulation (EC 1393/2007)
  2. 2 Whether the court should waive the defect in service under Insolvency Rule 7.55
  3. 3 Whether the six-month period for service applies by analogy to insolvency applications

Ratio Decidendi

Service on Mr Baillie was defective as it did not comply with the mandatory requirements of the Service Regulation (EC 1393/2007), and the defect should not be waived because it would deprive Mr Baillie of a potential limitation defence. The orders for service out and all orders made on the basis of jurisdiction against Mr Baillie are set aside.

Court Disposition

Application granted in part; service and all orders against Mr Baillie set aside; injunction extended for 14 days.

Orders

  • Order for service out on Mr Baillie set aside
  • All orders made on the basis of jurisdiction against Mr Baillie set aside