Fairmays (a firm) v Palmer [2006] EWHC 96 (Ch) (31 January 2006)

Service of proceedings issued for service within the jurisdiction is only valid if the defendant is physically present within the jurisdiction at the time of deemed service; service at the last known address is not sufficient if the defendant is abroad.

Citation: [2006] EWHC 96 (Ch)
Parties: Claimant: Fairmays (formerly Palmer Cowen) (A Firm); Defendant: Michael James Palmer
Jurisdiction: England and Wales
Judgment Date: 31 January 2006
Procedural Posture: Appeal / Judgment on Appeal Against Refusal to Set Aside Default Judgment
Outcome: Appeal allowed; default judgment set aside.
Legal Topics: Service of Process, Jurisdiction, Default Judgment, Appeal Procedure

Civil Procedure Service of Process Jurisdiction Default Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2

Parties

Fairmays (formerly Palmer Cowen) (A Firm)

Claimant

Michael James Palmer

Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Set Aside Default Judgment

Legal Issues

1 Whether service of claim form at last known address within jurisdiction is valid when defendant is physically outside jurisdiction at time of deemed service
2 Whether CPR 6.5(1) allows service within jurisdiction when defendant is abroad

Ratio Decidendi

Court Disposition

Appeal allowed; default judgment set aside.

Orders

Default judgment against defendant set aside.
Claimant may restart claim by fresh proceedings with permission to serve abroad.