Civil Litigation SGS 4 Service

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billsykes
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203797
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Civil Litigation SGS 4 Service
Updated:
2013-02-27 11:25:29
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Civil Litigation
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I love Civil Litigation
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  1. Derek James, aged 17, has recently passed his driving test. Unfortunately whilst driving his new BMW (a present from his father) he knocks a cyclist off his bike. The cyclist is seeking damages for personal injury. Which ONE of the following statements is CORRECT in relation to service of the claim form:

    [A]  It can be served on Derek, providing his parent or guardian is present.

    [B]  It must be served on Derek’s parents and guardians.

    [C]  It must be served on one of Derek’s parents or guardians or if none of the aforesaid, the person with whom Derek resides or whom takes care of him.

    [D]  It must be served on a person authorised to conduct proceedings on Derek’s behalf.
    [C]  It must be served on one of Derek’s parents or guardians or if none of the aforesaid, the person with whom Derek resides or whom takes care of him.

    [C is CORRECT. CPR 6.13(1) sets out on whom a claim form must be served if it served on a child who is not also a protected party. The rule provides that a claim form must be served on one of the child’s parents or guardians or if there is no parent or guardian, an adult with whom child resides or in whose care the child is]
  2. Gladbury County Court issued a claim form for Meera, a litigant in person, on 1 May 2012. The claim is against her accountants for damages for negligent advice relating to her business which operates solely within the jurisdiction of England and Wales. The registered office of her accountants is in Gladbury and she requests to serve the claim form herself. On 5 October 2012 she realises that she has not yet served the claim form.

    Which ONE of the following statements is CORRECT:

    [A] Meera is out of time for serving the claim form. She may apply to the court to exercise its discretion to extend time for service and the application must be made with notice given to the accountants.

    [B] Meera has until 1 November 2012 to serve the claim form because service is to be within the jurisdiction.

    [C] Meera is out of time for serving the claim form but the court may extend the time for service if Meera has taken all reasonable steps to serve it but has been unable to do so and has acted promptly in making the
    application.

    [D] Meera, is out of time for serving the claim form and may not apply for an extension of time for service because the application would be made outside the period for serving the claim form.
    [C] Meera is out of time for serving the claim form but the court may extend the time for service if Meera has taken all reasonable steps to serve it but has been unable to do so and has acted promptly in making the application.

    [C is CORRECT See CPR r 7.5 and r.7.6 (3). The claim form must be served before 12.00 midnight on the calendar day four months after the date of issue of the claim form. That period has expired but Meera may apply for an extension of time for serving the claim form pursuant to CPR r.7.6 (3). Please also note for information that the application may be without notice (r.7.6 (4)].
  3. Mauro, an Italian national domiciled in Italy, was recently on a driving holiday in England when he knocked down and injured Peter. Peter wishes to sue Mauro for damages for negligent driving, but Mauro is now back in Italy.

    Which ONE of the following statements is CORRECT:

    [A] Peter can sue Mauro in England, and serve the proceedings in Italy, without requiring the permission of the court.

    [B] Peter can sue Mauro in England, but will need the court’s permission to serve proceedings on Mauro in Italy because Mauro is domiciled in Italy.

    [C] Peter can sue Mauro in Italy with the permission of the court which will only be given if the court considers Italy to be the proper forum for hearing the claim.

    [D] Peter can sue Mauro in England, and serve the proceedings in Italy, with the permission of the court. Permission will only be given if the court has jurisdiction, there is a reasonable prospect of success on the merits and it is a proper case for service out of the jurisdiction.
    • [A]  Peter can sue Mauro in England, and serve the proceedings in Italy,without
    • requiring the permission of the court.

    [A is CORRECT. This is a claim within the Judgments Regulation (for the meaning of ‘Judgments Regulation’, please see CPR 6.31 (d)). Accordingly, the permission of the court is NOT required to serve the claim form in Italy. See CPR r.6.33 (2) and note that Article 5 (3) of the Judgments Regulation applies so that in addition to being able to sue Mauro in Italy (i.e. Mauro’s country of domicile – see Article 2 of the Judgments Regulation) Peter can also sue Mauro in the courts forwhere the harmful event occurred i.e. in England pursuant toArticle 5 (3)]
  4. Marine Fish Ltd, a trawler company operating around Hull, has suffered severe losses due, it says, to the dumping of phosphates off the French coast by the large French soaps company, Savon SA. Marine Fish Ltd wishes to know whether it can pursue a claim against Savon SA within the jurisdiction. Assuming there is a good cause of action against Savon
    SA which ONE of the following statements is CORRECT:

    [A] Since Savon SA is domiciled in France, a member state under the Council Regulation, the claim must be pursued in France.

    [B] Since the tort was committed on French territory, the claim must be pursued in France.

    [C] Since the damage was sustained in England, Marine Fish Ltd should seek permission to serve the claim form out of the jurisdiction under CPR rule 6.36 and 6.37.

    [D] Since the damage was sustained in England, Marine Fish Ltd can sue Savon
    SA in France or in England. If it chooses to sue in England no permission is required to serve the claim form.
    [D] Since the damage was sustained in England, Marine Fish Ltd can sue Savon SA in France or in England. If it chooses to sue in England no permission is required to serve the claim form.

    [D is CORRECT. This is a Judgments Regulation case and there is the option of either suing in France under Article 2 of the Judgments Regulation or in England under Article 5 of the Judgments Regulation. Permission of the court is not required. See CPR r.6.33(2)]
  5. Allen and Paul are in partnership running a small microwave repair business called ‘MicroRep’. One evening, Allen is called out to repair a microwave oven at ‘Il Trapori’, a local Italian restaurant. Allen carries out the repairs negligently with the result that the microwave explodes when being operated two days later. The restaurant is closed for repairs and the restaurant loses £20,000. The restaurant issues a claim form in Clerkenwell County Court claiming damages against MicroRep (a firm). MicroRep does not have a solicitor acting and has not given an address for service of the claim form. Which of the following statements numbered (i) to (iv) is/are CORRECT in relation to how the claim form may be served:

    i)  The claim form may be served personally by leaving it with Allen or Paul

    ii)  The claim form may be served personally by leaving it with a person with control or management of the business at its principal place of business

    iii) The claim form may be served by sending it to or leaving it at Allen and/or Paul’s usual or last known residence

    iv) The claim form may be served by sending or leaving it at MicroRep’s principal or last known place of business.

    Select ONE of the following:

    [A] i) and ii) only
    [B] i) and iii) only
    [C] iii) and iv) only
    [D] i), ii), iii) and iv)
    [D] i), ii), iii) and iv)

    [D is CORRECT. See CPR r.6.3, r6.5 (3) and r.6.9 (2)]

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