REUTERS | Danish Siddiqui

It is a familiar tale: a dispute arises; claimant issues claim; claimant serves claim. But what do you do if the identity and address of an individual defendant is unknown? In the recent judgment of Ivanchev v Velli, the High Court revisited this all too common chink in a claimant’s armour: effecting proper service of both a claim form, and an application notice, where no address is given for the defendant in accordance with the Civil Procedure Rules (CPR).

The judgment reminds us of how to avoid the procedural pitfalls of defective service of a claim form and other documents on individuals.

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The single potential benefit of damages-based agreements (DBAs) is that it is a form of out and out contingency fee agreement (see also Part 1), that is taking a percentage of damages, which is available for contentious work, and thus can be used once proceedings have been issued, in contrast to a contingency fee agreement under section 57 of the Solicitors Act 1974, which cannot be used once proceedings have been issued. Continue reading

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Many general civil litigators are unaware of the range of funding options open to clients and lawyers in such proceedings, and tend to stick limpet-like to an hourly rate, win or lose, which is deeply unattractive to most clients, and is not necessarily the most profitable method for the solicitors either. Continue reading