Dispensing with personal service
Dispensing with personal service
On the question whether the court should dispense with personal service of the 2022 order on the respondent, I am in no doubt that it would be right to do so. The respondent has not been prejudiced by the failure to serve it personally. For reasons already given, he was and is well aware of the existence of both the order and the judgment which led to that order, and of the terms of each of them. The application is sensibly made at this stage of the proceedings, on the one hand allowing the respondent if he wishes to explain why he would be prejudiced, and, on the other, not causing the expenditure of extra costs at an earlier stage. I will therefore make the order sought by the applicant dispensing with personal service.
- Heading
- INTRODUCTION
- The trial of the Part 8 claim
- The order of 5 April 2022
- The present application
- PROCEDURE
- The respondent’s application for a stay
- The family trust’s application for a stay
- Whether to proceed in the respondent’s absence
- THE CONTEMPT APPLICATION
- Findings
- The law
- Contempt: procedure
- Contempt: substance
- The Proceeds of Crime Act 2002
- Submissions
- The respondent
- Discussion
- Dispensing with personal service
- Service and joinder
- The impact of “false evidence”
- Judicial signature
- Was there any breach of the order?
- Conclusions
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