Abraham -v- Perry [2005] JRC 150A (31 October 2005)

Abraham -v- Perry [2005] JRC 150A (31 October 2005)

There was insufficient evidence before the Master to justify substituted service; reasonable efforts to effect personal service were not demonstrated, and it was not impracticable to serve Mr Perry personally. The court declined to exercise discretion to deem service valid given the changed nature of the claims and ongoing discussions.

Citation
[2005] JRC 150A
Parties
Plaintiff: Mr Abraham; Defendant: Mr Perry
Jurisdiction
Jersey
Judgment Date
31 October 2005
Procedural Posture
Civil / Application to Set Aside Substituted Service and Declaration of Non Service
Outcome
Master's order for substituted service set aside; declaration that proceedings have not been validly served on the defendant; costs ordered against plaintiff.
Legal Topics
Service of Process, Substituted Service, Specific Performance, Settlement Agreement
Civil Procedure Service of Process Substituted Service Specific Performance Settlement Agreement

Case Brief

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Parties

Mr Abraham

Plaintiff

Mr Perry

Defendant

Procedural Posture

Civil / Application to Set Aside Substituted Service and Declaration of Non Service

Legal Issues

  1. 1 Whether substituted service was properly ordered
  2. 2 Whether proceedings were duly served on the defendant
  3. 3 Whether the court should exercise discretion to deem service valid

Ratio Decidendi

There was insufficient evidence before the Master to justify substituted service; reasonable efforts to effect personal service were not demonstrated, and it was not impracticable to serve Mr Perry personally. The court declined to exercise discretion to deem service valid given the changed nature of the claims and ongoing discussions.

Court Disposition

Master's order for substituted service set aside; declaration that proceedings have not been validly served on the defendant; costs ordered against plaintiff.

Orders

  • Master's order of 13th June 2005 set aside.
  • Declaration that proceedings have not been validly served upon the defendant.