Binet v Foot [2008] JLR 172 (15 May 2008)

Binet v Foot [2008] JLR 172 (15 May 2008)

Parties are held to the agreed method of service outside the Royal Court Rules when an advocate undertakes to accept service; such service is effective on the defendant and the Service of Process Rules 1994 do not apply.

Citation
[2008] JLR 172
Parties
Applicant: Binet; Respondent: Foot
Jurisdiction
Jersey
Judgment Date
15 May 2008
Procedural Posture
Civil / Interlocutory
Outcome
application granted
Legal Topics
Service Out of Jurisdiction, Service on Agent, Undertaking to Accept Service
Civil Procedure Service Out of Jurisdiction Service on Agent Undertaking to Accept Service

Case Brief

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Parties

Binet

Applicant

Foot

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether service on a non-resident defendant via advocate's undertaking is effective
  2. 2 Whether Service of Process Rules 1994 apply when service is pursuant to an advocate's undertaking

Ratio Decidendi

Parties are held to the agreed method of service outside the Royal Court Rules when an advocate undertakes to accept service; such service is effective on the defendant and the Service of Process Rules 1994 do not apply.

Court Disposition

application granted

Orders

  • Service on the defendant via the advocate's undertaking is effective.