Classic Trading Co. v Declercq [1992] JLR 34 (22 January 1992)

Service of notice of appeal on the respondent's advocate is insufficient unless the advocate has given an undertaking to accept service; personal service on the respondent is required by the rules.

Citation: [1992] JLR 34
Parties: Appellant: Classic Trading Co.; Respondent: Declercq
Jurisdiction: Jersey
Judgment Date: 22 January 1992
Procedural Posture: Civil Appeal / Appeal
Outcome: appeal dismissed
Legal Topics: Appeals, Service of Process

Civil Procedure Appeals Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Classic Trading Co.

Appellant

Declercq

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

1 Whether service of notice of appeal on respondent's advocate is sufficient under Court of Appeal (Civil) (Jersey) Rules, 1964, r.2(4) if the advocate has not undertaken to accept service under Royal Court Rules, 1982, r.5/6

Ratio Decidendi

Service of notice of appeal on the respondent's advocate is insufficient unless the advocate has given an undertaking to accept service; personal service on the respondent is required by the rules.

Court Disposition

appeal dismissed