Latest Breaking News On - Ideal shopping direct ltd - Page 1 : comparemela.com
Cautionary tales on late service
lawgazette.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawgazette.co.uk Daily Mail and Mail on Sunday newspapers.
Unsealed claim forms were not good service, Court of Appeal rules
lawgazette.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawgazette.co.uk Daily Mail and Mail on Sunday newspapers.
In
Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd & Ors, Mr Justice Morgan ruled that the unsealed forms served on the final day permitted were not claim forms and therefore not allowed. As a result, the claims were deemed out of time.
The judge also rejected applications from the claimants, represented by London firm Scott+Scott UK LLP, for relief from sanctions, saying they did not take reasonable steps to effect service in accordance with the rules, and pointing out the defendants would suffer prejudice if he allowed late service.
Litigators may look on the judgment as a salutory warning, given that all sides accepted Scott+Scott had begun the process of filing the claims electronically a day before the deadline and continued filing next morning. The court had been expected to seal the documents within 90 minutes, giving time for serving sealed documents. By 3pm on the day of the deadline, when the claim forms filed that day had not been issued, the decision was made to s
Unsealed claim forms did not constitute good service, High Court rules
lawgazette.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawgazette.co.uk Daily Mail and Mail on Sunday newspapers.