The fact that Virginia Giuffre has launched civil proceedings in New York against HRH Prince Andrew, Duke of York for (among other things) sexual assault cannot have escaped anyone’s notice. The Duke has consistently denied all of the allegations that Ms Giuffre has made—and has also said that he has no recollection of meeting her—but this has not stopped a huge number of column inches being consumed with discussion of the case.
One particular aspect of the case has generated a lot of interest: the efforts of Ms Giuffre’s representatives to try and ‘serve’ the court papers on the prince. The notion of being served in this fashion is an unusual one for English (and indeed British) lawyers. Proceedings in this jurisdiction are issued by the court—usually by post—and can even be commenced online since the advent of www.moneyclaim.gov.uk. Why, therefore, do the legal systems in the US generally require defendants to be served personally?
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