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

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

The order for substituted/alternative service was set aside because the Defendant had not waived personal service, the correct legal test ('exceptional circumstances') was not met, and no order for service out of the jurisdiction had been made. The ex parte order was inappropriate given the factual disputes and...

Source-derived case information.

Citation
[2020] EWHC 935 (QB)
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 Enforcement) / Post Judgment, Application to Set Aside/vary Order for Substituted/alternative Service Under CPR 71
Outcome
Defendant's application to set aside/vary order succeeded.
Legal Topics
Personal Service Requirements, Waiver of Service, Substituted/alternative Service, Service Out of Jurisdiction, Hague Service Convention, Ex Parte Applications
Civil Procedure Enforcement of Judgments Personal Service Requirements Waiver of Service Substituted/alternative Service Service Out of Jurisdiction Hague Service Convention Ex Parte Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

Richard John Slade

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Application to Set Aside/vary Order (post Judgment Enforcement) / Post Judgment, Application to Set Aside/vary Order for Substituted/alternative Service Under CPR 71

Legal Issues

  1. 1 Whether the Defendant had waived the requirement for personal service under CPR 71.3
  2. 2 Whether the order for substituted/alternative service was properly made in the absence of exceptional circumstances and an order for service out of the jurisdiction
  3. 3 Whether the ex parte order was appropriate given the factual and legal context

Ratio Decidendi

The order for substituted/alternative service was set aside because the Defendant had not waived personal service, the correct legal test ('exceptional circumstances') was not met, and no order for service out of the jurisdiction had been made. The ex parte order was inappropriate given the factual disputes and material omissions regarding the Defendant's residence and the applicable legal test.

Court Disposition

Defendant's application to set aside/vary order succeeded.

Orders

  • Order of Deputy Master Kay QC dated 13 February 2020 set aside, except for paragraph 3 (permission to ask further questions)