Riley v Davies (nee Hallam) [1976] JJ 443 (30 September 1976)

Riley v Davies (nee Hallam) [1976] JJ 443 (30 September 1976)

Notification to an advocate is insufficient to constitute proper service unless the advocate has undertaken to accept service; therefore, default judgment may be set aside if proper notification was not given to the defendant.

Citation
[1976] JJ 443
Parties
Applicant: Riley; Respondent: Davies (nee Hallam)
Jurisdiction
Jersey
Judgment Date
30 September 1976
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
default judgment set aside
Legal Topics
Setting Aside Default Judgment, Service of Process, Notification Requirements
Civil Procedure Setting Aside Default Judgment Service of Process Notification Requirements

Case Brief

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Parties

Riley

Applicant

Davies (nee Hallam)

Respondent

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether a default judgment may be set aside if the defendant was not properly notified of the date of hearing
  2. 2 Whether notification to an advocate is sufficient without an undertaking to accept service

Ratio Decidendi

Notification to an advocate is insufficient to constitute proper service unless the advocate has undertaken to accept service; therefore, default judgment may be set aside if proper notification was not given to the defendant.

Court Disposition

default judgment set aside

Orders

  • default judgment set aside