REUTERS | GCS
February 23, 2021

Service of judgment in default permitted via Instagram

In a recent case before the High Court (Queen’s Bench Division), Clyde & Co, acting for the claimant, obtained an order for service on the defendant of a judgment in default via Instagram, after attempts to serve the judgment via post and personal service were unsuccessful.

Service of documents on evasive defendants is a common challenge for claimants. From no (or inaccurate) address or identity information, to defendants simply refusing to accept documents, the hurdles to service can be manifold.

Continue reading →

REUTERS | Carlo Allegri
February 23, 2021

Res judicata and abuse of process challenges involving third parties

In a recent judgment, the Solicitors Regulation Authority (SRA) failed to recover £354,000 from a solicitor in intervention costs in what is an important ruling when considering the use of res judicata and abuse of process.

Mr Hugh Sims QC, sitting as a deputy High Court judge in The Law Society v Dua and another was asked to consider whether the solicitor, Ashoo Dua, and her husband Shashi Dua had a realisable beneficial interest in various properties despite an alleged trust in favour of their children. The SRA intervened into Mrs Dua’s practice in 2009 and, following an unsuccessful challenge, obtained judgment and a costs order in its favour.

Continue reading →

REUTERS | GCS
February 18, 2021

COVID-19 and virtual Controlled Goods Agreements

In the case of Just Digital Marketplace Ltd v High Court Enforcement Officers Association and others, the High Court considered the issue of enforcement using consensual video appointment for the purpose of entering into a “controlled goods agreement” (CGA).

Master McCloud held and declared that it was lawful for an enforcement agent to enter into a CGA with a debtor without physically entering the premises on which the goods are located.  However, due to inconsistency in the associated regulations, a non-entry CGA would offer limited enforcement options if breached.

Continue reading →