Slade v Abbhi [2020] EWHC 935 (QB) (20 April 2020)

Slade v Abbhi [2020] EWHC 935 (QB) (20 April 2020)

The Defendant had not waived the requirement for personal service under CPR 71.3, as his solicitor lacked knowledge of the mandatory requirement at the relevant time and later expressly denied waiver. The order for substituted/alternative service was improperly made, as no permission to serve out of jurisdiction existed and exceptional circumstances were not established. The application to Deputy Master Kay QC was wrongly determined ex parte due to material omissions and unresolved factual disputes.

Citation
[2020] EWHC 935
Parties
Claimant: Richard John Slade; Defendant: Deepak Abbhi
Jurisdiction
England and Wales
Judgment Date
20 April 2020
Procedural Posture
Application to Set Aside/vary Order / Post Judgment, Part 71 Examination, Application Hearing
Outcome
Application to set aside/vary order succeeded; Deputy Master Kay QC's order set aside (except paragraph 3).
Legal Topics
Personal Service Requirements, Waiver of Service, Substituted/alternative Service, Service Out of Jurisdiction, Hague Service Convention
Civil Procedure Enforcement of Judgments Personal Service Requirements Waiver of Service Substituted/alternative Service Service Out of Jurisdiction Hague Service Convention

Case Brief

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Parties

Richard John Slade

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Application to Set Aside/vary Order / Post Judgment, Part 71 Examination, Application Hearing

Legal Issues

  1. 1 Whether the Defendant waived the requirement for personal service under CPR 71.3
  2. 2 Whether substituted/alternative service was properly ordered under CPR 6.15/6.27
  3. 3 Whether the application for substituted service should have been made ex parte

Ratio Decidendi

The Defendant had not waived the requirement for personal service under CPR 71.3, as his solicitor lacked knowledge of the mandatory requirement at the relevant time and later expressly denied waiver. The order for substituted/alternative service was improperly made, as no permission to serve out of jurisdiction existed and exceptional circumstances were not established. The application to Deputy Master Kay QC was wrongly determined ex parte due to material omissions and unresolved factual disputes.

Court Disposition

Application to set aside/vary order succeeded; Deputy Master Kay QC's order set aside (except paragraph 3).

Orders

  • Deputy Master Kay QC's order dated 13 February 2020 set aside, save for paragraph 3 (permission to ask further questions).