1999/5A - Harman v Higgins and Medeva Pharma [1999] UR 5A (14 January 1999)

1999/5A - Harman v Higgins and Medeva Pharma [1999] UR 5A (14 January 1999)

The order for substituted service was set aside because there was no evidence that personal service was impracticable; the mere imminence of the prescriptive period is not sufficient. Any acts done under the set aside order are nullities.

Citation
[1999] UR 5A
Parties
Plaintiff: Plaintiff (unnamed lady); First Defendant: Dr Patrick Higgins; Second Defendant: Second Defendant (limited liability company, manufacturer of Fluvirine)
Jurisdiction
Jersey
Judgment Date
14 January 1999
Procedural Posture
Civil / Interlocutory Application to Set Aside Substituted Service Order
Outcome
Order for substituted service set aside; service declared invalid.
Legal Topics
Service of Process, Substituted Service, Limitation Period, Prescription, Jurisdiction
Civil Procedure Service of Process Substituted Service Limitation Period Prescription Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Plaintiff (unnamed lady)

Plaintiff

Dr Patrick Higgins

First Defendant

Second Defendant (limited liability company, manufacturer of Fluvirine)

Second Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Substituted Service Order

Legal Issues

  1. 1 Whether substituted service was properly ordered under Rule 5/10 of the Royal Court Jersey Rules 1992
  2. 2 Whether the Judicial Greffier erred in granting substituted service based solely on the imminence of the prescriptive period
  3. 3 Whether irregularities in service can be cured and if so, in what circumstances

Ratio Decidendi

The order for substituted service was set aside because there was no evidence that personal service was impracticable; the mere imminence of the prescriptive period is not sufficient. Any acts done under the set aside order are nullities.

Court Disposition

Order for substituted service set aside; service declared invalid.

Orders

  • Order of the Judicial Greffier of 30 September 1998 set aside.
  • All acts purportedly done under the set aside order are also set aside.