| [2009] EWHC 196 (Comm) |
Importance of the jurisdictional notice that preceded Form N510 and the need for transparent factual grounds to support assertions of jurisdiction. |
Quoted to emphasise the mandatory and important role of the N510 (paragraph 11 of the opinion) and to reject attempts to downplay its significance. |
| [2018] UKSC 12 |
Distinguishes general procedural relief (e.g. r.3.9) from the special conditions in Part 6; Part 6 is described as conditions on which the court will take cognisance of a matter. |
Used to support the proposition that service provisions are special and that the disciplinary/regulative regime differs for service of originating process (paragraph 15). |
| [2014] 1 WLR 3926 (Denton; CA) |
Framework for relief from sanctions (Denton test) and related authorities for exercising r.3.9 powers. |
Discussed as the general relief-from-sanctions authority, but the court held r.3.9 (Denton) cannot be used to bypass specific service rules like r.7.6(3) in this context (paragraphs 18, 43, 46–48). |
| [2014] 1 WLR 4495 (Global Torch Ltd v Apex) |
Reference alongside Denton to the body of case law on relief from sanctions. |
Referred to as part of the background on the general relief-from-sanctions regime (paragraph 15). |
| [2022] EWCA Civ 355; [2022] 1 WLR 233 |
Emphasises strict compliance with service rules; the special character of service rules and the importance of strict compliance in certain contexts. |
Relied on to underline that valid service founds jurisdiction and that particular care is required with service formalities (paragraph 16 and later analysis, paragraph 46–48). |
| Vinos v Marks & Spencer PLC [2001] 3 All ER 784 (CA) |
Principle that a specific provision overrides a general one; general powers cannot be used to do what a specific rule forbids. |
Applied to support the proposition that r.7.6(3) (specific) cannot be bypassed by reliance on r.3.9 or other general provisions (paragraph 41). |
| [2022] EWCA Civ 14; [2022] 1 WLR 1541 (Ideal Shopping Direct v Mastercard) |
Reinforces that general provisions cannot be used to override specific service rules (r.3.10/r.3.9 cannot bypass rules like r.6.15/7.6). |
Used to reject attempts to use general relief powers to achieve results that specific service rules do not permit; court applied the same principle here (paragraphs 42–44). |
| Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 |
Example on opportunism and reliance on non-compliant service; cited in context of service discipline. |
Referenced to illustrate the court's approach to opportunistic reliance on defective service (paragraph 46). |
| Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537; [2014] 1 WLR 795 |
Case concerning the late filing of documents and the development of the relief-from-sanctions jurisprudence. |
Noted as background on relief-from-sanctions jurisprudence and contrasted with cases about defective service of originating process (paragraph 47). |
| [2022] EWHC 1116 (Comm) |
First-instance decision dealing with service issues (DSG International v Universal Media Corporation). |
Cited among first-instance authorities relied on by the judge; the court here explained why such first-instance decisions were not determinative and were distinguishable (paragraph 51). |
| BDI-Bioenergy International AG v Argent Energy Limited (unreported, 19 Dec 2017) |
First-instance authority on aspects of service raised to the judge. |
Listed among first-instance cases that did not directly engage the present point; the court did not analyse them in detail (paragraph 51). |
| [2021] EWHC 3166 (Comm); [2022] 1 WLR 1389 |
First-instance case (Athena Fund v Secretariat of State for the Holy See) dealing with service issues. |
Also listed among first-instance cases; the court explained they were not binding and did not address the precise r.7.6 issue here (paragraph 51). |
| Hoddinott v Persimmon Homes [2007] EWCA Civ 1203; [2008] 1 WLR 806 |
Authority on the effect of filing an AoS without pursuing a CPR r.11(1) application and the consequences for acceptance of jurisdiction. |
Examined in the context of the late point about AoS/r.11; the court distinguished Hoddinott as limited to circumstances where an AoS had in fact been filed (paragraphs 65–67, 71–75). |
| Pitalia & Anr v NHS England [2023] EWCA Civ 657; [2023] 1 WLR 3584 |
Clarifies that failure to tick jurisdiction boxes in an AoS is not necessarily fatal where surrounding material shows jurisdiction was contested. |
Relied on to show that procedural infirmities by defendants regarding AoS do not automatically defeat a genuine jurisdictional challenge; used to assess the new point and its limits (paragraph 68). |
| [2022] EWHC 640 (Ch) |
First-instance (Hand Held Products v Zebra) consideration (obiter) on whether a defendant who denies effective service must use Part 11. |
Quoted (obiter) to support the view that Hoddinott does not necessarily compel a defendant who denies any effective service to use Part 11; assisted the court in rejecting the new point as unarguable (paragraphs 68–69). |
| [2016] EWCA Civ 71 |
Dubai Financial Group v National Private Air Transport Services: defendant not obliged to take steps in response to invalid service; time for AoS does not begin to run where service invalid. |
Used to support the proposition that the CPR imposes no obligation on a defendant to take steps where service is invalid and to reject the new point (paragraph 76). |
| [2004] EWHC 1890 (Comm) |
Shiblaq v Sadikoglu: first-instance handling of the contention that Part 11 is the only route to challenge service. |
Cited as an example where the argument that Part 11 is the sole route was rejected as "bizarre"; used to reinforce the court's conclusion that the Appellant was not obliged to file AoS or use r.11 in the circumstances (paragraph 76). |
| [2022] EWHC 825 (Ch) |
Costs principle: general rule that a party who applies for relief from sanctions will usually pay costs of that application. |
Referenced in relation to the judge's costs order; the judge applied the general rule and made reductions to the claimed costs (paragraph 79). |
| [2002] EWCA Civ 56; [2003] 3 All ER 434 (SCT Finance v Bolton) |
Principle that appeals against discretionary costs decisions face a high hurdle; appellate courts will intervene rarely. |
Relied on to explain the reluctance to interfere with the judge's costs exercise and to justify dismissal of the cross-appeal (paragraphs 81–83). |