KB-2024-001295 - [2025] EWHC 3000 (KB)

On 5 April 2023 Lang J made a property freezing order in respect of the Property.

On 4 April 2024 the claim form was sealed.

Under CPR 8.5(2), at the time of serving the claim form the Claimant must also serve the evidence relied upon.

The Claimant relied on Certificates of Service indicating that service had been effected in respect of all three Defendants. It was said that the D1 had been served personally with the claim form by the US Marshall Service at the Federal Correctional Institution facility in Allenwood, Pennsylvania, such that the deemed date of service was 14 August 2024 for D1. D1 later contested that he had been served as alleged, as I explain further at [87] below.

D2 and D3 had been served by first class post on 10 June 2024.

Under CPR 8.3, aDefendant to a Part 8 claim must (a) file an Acknowledgment of Service (“A of S”) in the relevant practice form not more than 14 days after service of the claim form; and (b) serve the A of S on the Claimant and any other party.

None of the Defendants served an A of S within the 14 day period. Very belatedly, on 11 December 2024, D2 emailed an A of S to the court. By this document, D2 indicated that he did not intend to contest the claim.