Hornan v Baillie & Ors

Hornan v Baillie & Ors

Service on Mr Baillie was not effected in accordance with the mandatory requirements of Council Regulation (EC) 1393/2007 Article 4, and the defect cannot be waived as it would deprive him of a limitation defence; therefore, the orders for service and all orders made against Mr Baillie are set aside.

Parties
Claimant: Ladislav Hornan; Respondent: James Stuart Baillie
Jurisdiction
England and Wales
Judgment Date
06 January 2012
Procedural Posture
Insolvency Application / Ruling on Service and Jurisdiction
Outcome
Order for service out and all orders against Mr Baillie set aside; injunction extended for 14 days.
Legal Topics
Service of Process, Limitation Period, Council Regulation (ec) 1393/2007, Insolvency Act 1986 S.423, Defective Service, Freezing Injunction
Insolvency Civil Procedure European Law Service of Process Limitation Period Council Regulation (ec) 1393/2007 Insolvency Act 1986 S.423 Defective Service +1 more

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Parties

Ladislav Hornan

Claimant

James Stuart Baillie

Respondent

Procedural Posture

Insolvency Application / Ruling on Service and Jurisdiction

Legal Issues

  1. 1 Whether service on Mr Baillie was valid under Council Regulation (EC) 1393/2007
  2. 2 Whether the defect in service can be waived under Insolvency Rules 1986 r.7.55
  3. 3 Whether the six-month period of validity for service applies by analogy to insolvency applications

Ratio Decidendi

Service on Mr Baillie was not effected in accordance with the mandatory requirements of Council Regulation (EC) 1393/2007 Article 4, and the defect cannot be waived as it would deprive him of a limitation defence; therefore, the orders for service and all orders made against Mr Baillie are set aside.

Court Disposition

Order for service out and all orders against Mr Baillie set aside; injunction extended for 14 days.

Orders

  • Declaration that service on Mr Baillie was defective and invalid.
  • All orders made against Mr Baillie set aside.