Substituted Service in UK Law

Leading Cases
  • Gurtner v Circuit
    • Court of Appeal (Civil Division)
    • 14 Diciembre 1967

    Once they are added as defendants they would be in a position to urge that the order for substituted service was not properly made and should be set aside. The affidavit in support was insufficient to warrant the order, for the simple reason that it did not show that the writ was likely to reach the defendant Circuit, nor to come to his knowledge. It would be different if the defendant was insured with the Royal Insurance Co.: but that was not suggested.

    The order for substituted service obtained on Mr Gurtner's own affidavit, for he was then acting in person, was obviously wrong. There was no possible reason for serving Mr Circuit at the address of the Royal Insurance.

  • Re Pritchard, decd.; Pritchard v Deacon
    • Court of Appeal
    • 14 Febrero 1963

    There may be others, though for my part I would be reluctant to see much extension of the classes, (i) Proceedings which ought to have been served but have never come to the notice of the defendant at all. (ii) Proceedings which have never started at all owing to some fundamental defect in issuing the proceedings, (iii) Proceedings which appear to be duly issued but fail to comply with a statutory requirements see e.g. Finnegan v. Cementatidn Co. Ltd. (1953) 1 Q.B. 688.

  • White v Weston
    • Court of Appeal (Civil Division)
    • 08 Marzo 1968

    I do not myself attach importance to the question whether it is proper to label a judgment obtained in circumstances such as this as "Irregular" or "a nullity". The defect is in my judgment so fundamental as to entitle the defendant as of right ex debito justitie to have the judgment avoided and set aside.

  • Lazard Brothers & Company v Midland Bank Ltd
    • House of Lords
    • 28 Noviembre 1932

    I shall deal first with question (2) which is most important and is decisive, since it is clear law, scarcely needing any express authority, that a judgment must be set aside and declared a nullity by the Court in the exercise of its inherent jurisdiction if and as soon as it appears to the Court that the person named as the judgment debtor was at all material times at the date of writ and subsequently non-existent: such a case is a fortiori than the case which Lord Parker referred to in Daimler Co. v. Continental Tyre Co.

  • R v County of London Quarter Sessions Appeals Committee, ex parte Rossi
    • Court of Appeal
    • 29 Febrero 1956

    Wnen construing this section, it Is to be remembered that it is a fundamental principle of our law that no one is to be found guilty or made liable by an order of any tribunal unless he has been given fair notice of the proceedings so as to enable him to appear and defend them. The common law has always been very careful to see that the defendant is fully apprised of the proceedings before it makes any order against him.

  • Gate Gourmet Luxembourg IV Sarl and Another (Petitioners) v Gary Kenneth Morby
    • Chancery Division
    • 07 Mayo 2015

    The issue between the parties is, if I may term it this way, one of touch. If Mr. Morby had been touched by the Petition he would have been personally served. Mr. Morby had knowledge: knowledge that what was contained in the sealed envelope was the Petition. I recognise that there may be more than one view regarding my finding and therefore go on to consider substituted service and the cure provision contained within the IR 1986.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... to be read as if for the Table in that subsection there were substituted the following Table- ... Amount to be Paid under Compensation Order ... A constable of the Police Service of Scotland ... The Scottish Police Authority ... A constable of the ... ...
  • The Payment Services Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... 12). # F6 2012 c. 21. Section 85(2) was substituted by paragraph 10 of Schedule 2 to the Financial Services (Banking Reform) ... 12 (application of the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 ) ;(c) regulation 156 in so far as it gives ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... in relation to immigration or asylum;(g) the Crown Prosecution Service;(h) the Parole Board;(i) the Criminal Cases Review Commission;(j) an ... 2(a), Sch. (with regs. 13, 29, 30) # F5 Words in s. 15(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... 2020/1236, reg. 2 Amendments (Textual) # F1 Words in s. 2(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations ... a relevant programme, any body corporate engaged in providing the service in which the programme is included and any person having functions in ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Judgment summons (Debtors Act 1869)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to civil matters including judgments.
    ... ... employment and ... description (if known) ... Certificate of Service ... (to be completed by the court) ... I certify that the summons of which ... or on the defendant by (in accordance with an order for substituted service) ... day of ... ... of the Court ... ... ...
  • Order for an injunction (intended action)
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... SUBSTITUTED SERVICE/SERVICE OUT OF THE JURISDICTION ... 1) The Claimant may issue ... ...
  • Change your name by deed poll
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to change a name by Deed Poll, including application packs for adults and children.
    ... ... desires the enrolment to ... I have subscribed my adopted and substituted ... forename(s) ... surname(s) ... of (NEW NAME) ... and also my said old ... ...
  • Evidence for permission to enter Memorandum of Satisfaction on Bill of Sale (Bills of Sale Act 1878, s.15; PD8A para 11.5)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... is a limited company, the following paragraphs 2-6 should be substituted for paragraphs 2-5 above, re-numbering paragraph 6 as 7: ... 2. On ... ...
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