header-logo header-logo

18 October 2013 / Bernard Pressman
Issue: 7580 / Categories: Features , Commercial
printer mail-detail

Are you being served?

istock_000000480331medium

Bernard Pressman considers the Supreme Court’s take on retrospective orders in relation to service

In Abela & Others v Baadarani [2013] UKSC 44; [2013] All ER (D) 249 (Jun), the Supreme Court considered the circumstances in which a court may make an order retrospectively, declaring that steps taken by a claimant to bring a claim form to the attention of a defendant should be treated as good service.

The facts

In April 2009, Mr Abela brought a claim for damages for fraud against Mr Baadarani in connection with a contract to purchase shares in an Italian company (Gama SpA) that were either worthless, or were worth significantly less than the purchase price. The contract expressly provided that it was governed by English law and contained a non-exclusive English jurisdiction clause.

In September 2009, Abela was granted permission to serve the claim form and other documents upon Baadarani at an address in Beirut, Lebanon. The time for service of the claim form was extended to 31 December 2009 and Abela was given permission

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll