Ivanchev v Velli

Ivanchev v Velli

Service of the claim form was not effected at the defendant's usual or last known residence, nor were reasonable steps taken to ascertain his current address; therefore, default judgment cannot be granted.

Parties
Claimant: Mr Stanislav Ivanchev; Defendant: Mr Michele Velli
Jurisdiction
England and Wales
Judgment Date
16 July 2020
Procedural Posture
Civil / Ruling on Application for Default Judgment and Service of Claim Form
Outcome
Claimant's application for default judgment dismissed.
Legal Topics
Service of Process, Default Judgment, Libel, Harassment, Misuse of Private Information
Civil Procedure Defamation Data Protection Service of Process Default Judgment Libel Harassment Misuse of Private Information

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Parties

Mr Stanislav Ivanchev

Claimant

Mr Michele Velli

Defendant

Procedural Posture

Civil / Ruling on Application for Default Judgment and Service of Claim Form

Legal Issues

  1. 1 Whether the claim form and particulars of claim were properly served on the defendant
  2. 2 Whether default judgment should be granted in absence of proper service
  3. 3 Whether the defendant had resided at the address used for service

Ratio Decidendi

Service of the claim form was not effected at the defendant's usual or last known residence, nor were reasonable steps taken to ascertain his current address; therefore, default judgment cannot be granted.

Court Disposition

Claimant's application for default judgment dismissed.

Orders

  • One-month extension of time for serving the claim form to 22 September 2020.
  • Permission granted for service of claim form and particulars by email to the defendant's address.