Ivanchev v Velli [2020] EWHC 1917 (QB) (16 July 2020)

Ivanchev v Velli [2020] EWHC 1917 (QB) (16 July 2020)

Service of the claim form and particulars of claim was not valid as they were not served at the defendant's usual or last known residence, nor was there evidence that reasonable steps were taken to ascertain the correct address or to effect alternative service. Default judgment cannot be entered without valid service.

Citation
[2020] EWHC 1917 (QB)
Parties
Claimant: Mr Stanislav Ivanchev; Defendant: Mr Michele Velli (actually Mike L Neri)
Jurisdiction
England and Wales
Judgment Date
16 July 2020
Procedural Posture
Civil (libel/harassment/data Protection) / Application for Default Judgment and Final Injunction; Service Dispute
Outcome
Claimant's application for default judgment dismissed.
Legal Topics
Service of Process, Default Judgment, Amendment of Claim, Alternative Service, Injunctions
Civil Procedure Defamation Harassment Data Protection Service of Process Default Judgment Amendment of Claim Alternative Service +1 more

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Parties

Mr Stanislav Ivanchev

Claimant

Mr Michele Velli (actually Mike L Neri)

Defendant

Procedural Posture

Civil (libel/harassment/data Protection) / Application for Default Judgment and Final Injunction; Service Dispute

Legal Issues

  1. 1 Whether the Claim Form and Particulars of Claim were validly served on the Defendant
  2. 2 Whether default judgment should be entered in absence of acknowledgment of service
  3. 3 Whether the Defendant's correct address and identity were used for service

Ratio Decidendi

Service of the claim form and particulars of claim was not valid as they were not served at the defendant's usual or last known residence, nor was there evidence that reasonable steps were taken to ascertain the correct address or to effect alternative service. Default judgment cannot be entered without valid service.

Court Disposition

Claimant's application for default judgment dismissed.

Orders

  • One-month extension of time for serving the claim form to 22 September 2020 granted.
  • Permission granted for service of the Claim Form and Particulars of Claim by email to the Defendant.