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PHILLIPS & ANOR (SUING AS ADMINISTRATORS OF THE ESTATE OF CHRISTO MICHAILIDIS) v SYMES & ORS

Where errors had been made by the Swiss authorities in serving English proceedings in Switzerland, the court could and should exercise its power under CPR r.3.10(b) to order that the respondents were to be regarded as properly served for the purposes of seisin. It had also been appropriate to make an order dispensing with service under CPR r.6.9.

29 January 2008

The appellants (P) appealed against a decision (2006) EWCA Civ 654, (2006) 1 WLR 2598) staying the proceedings pursuant to the Lugano Convention 1988 Art.21. P issued proceedings against the first respondent Swiss national (F) and the second respondent Swiss company (G). Service of the proceedings was attempted in accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965. The documents were served on F in Switzerland, except the English version of the claim form, which had been removed from the package of documents by a Swiss official because it was erroneously marked “not for service out of the jurisdiction”. No documents were served on G because of an error by the Swiss post office. Subsequently, F and G issued proceedings in Switzerland claiming negative declaratory relief. When P learned of the errors made in serving F and G in Switzerland and the issue of the Swiss proceedings, P obtained from the ...

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