Autorentext

Daniel Edmonds is a practising barrister and a member of Fountain Court Chambers, Middle Temple, London (2010 call). Prior to coming to the Bar, he obtained degrees from Oxford University (BA (Hons), PPE), Cambridge University (BA (Hons), Law), and Harvard University (LLM, Kennedy Scholar). Further details may be found at: https://fountaincourt.uk/profile/daniel-edmonds/

Sarah Tulip is a practising barrister and a member of 3 Verulam Buildings Chambers, Gray's Inn, London (2012 call). Prior to coming to the Bar, she graduated from Oxford University (BA (Hons), BCL) and Paris II Panthéon Assass (licence 3). Further details may be found at: https://3vb.com/barrister/sarah-tulip/

Klappentext

It is a fundamental principle of justice that a person cannot be made subject to the jurisdiction of the English court without valid notification via the service of proceedings. The procedure and law surrounding the service of documents nevertheless remains a frequently misunderstood aspect of English civil procedure. Mistakes in service can lead to satellite disputes, adverse judgments, jurisdictional challenges, lost claims, and allegations of professional negligence.

Service in Civil Proceedings: Law and Practice is the definitive practitioner's text on the rules and principles governing service in civil and commercial proceedings both in and out of jurisdiction. Written by two experienced commercial barristers, it combines rigorous analysis with practical insights drawn from years of experience. It does not follow the strict structure of the Civil Procedure Rules (or international instruments), but rather the sequence in which issues typically arise in practice.

The text provides detailed guidance on service of the claim form (and other documents) within the jurisdiction of England and Wales and internationally. It includes dedicated sections on both service within and out of jurisdiction, as well as the practical mechanics of effecting service abroad (including under the Hague Service Convention). Readers will also find guidance for more complex situations, including 'saving applications' to extend time for service, seeking alternative service, or even dispensing with the procedure. Finally, there is coverage of linked topics, including the commencement of proceedings and timing, as well as service issues that arise from the defendant's perspective, including the process and law for challenging service and jurisdiction pursuant to CPR Part 11.

Fully aligned with the latest amendments to the CPR, the international position, and case law, this work offers clarity on these intricate rules and practical guidance for their application. Designed to assist in both routine and complex scenarios, it is an essential resource for civil and commercial litigators.

Inhalt

• 1: Introduction and Overview

• 2: Commencement of Proceedings

• 3: Service of Claim Forms within England and Wales: General Rules

• 4: Service of Claim Forms: Where the Assistance of the Court is Required

• 5: Service of Documents Other than the Claim Form

• 6: Service Outside of England and Wales: Introduction and Overview

• 7: Service Out of the Jurisdiction without Permission of the Court

• 8: Service of the Claim Form and Other Documents Outside of England and Wales Where Permission is Required

• 9: Service Outside of England and Wales: Mechanics

• 10: Issues Arising in Relation to Defendants

• 11: Service of Documents from Foreign Courts or Tribunals