Service within the jurisdiction not effective where Defendant out of the jurisdiction. It was not open to a court, in the light of the CPR r.6.5(1), to conclude that proceedings issued for service within the jurisdiction could properly be served when, at the time of deemed service, the defendant was physically out of the jurisdiction.
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Summary judgment. In the circumstances, the applicant was entitled to summary judgment in his claim for damages for fraud against the respondent where the respondent's challenge to the authenticity of an agreement that formed the basis of the applicant's claim had no real prospect of success.
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Order for specific performance. An order for specific performance was granted where on the construction of a settlement agreement between the parties it was clear that one of the parties had not used their best endeavours to secure the co-operation of a third party as provided in the agreement.
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Power to dispense with service – Only to be exercised in exceptional cases. It required an exceptional case before the court would exercise its power to dispense with service under CPR r.6.9 and the power was unlikely to be exercised save where the claimant had either made an ineffective attempt to serve by one of the methods permitted by r.6.2 or had served in time in a manner which involved a minor departure from one of the permitted methods of service. The failure to comply with the require ...
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Service at address provided by Defendant. The language of the Civil Procedure Rules 1998 compelled the conclusion that, where a defendant had given the claimant a solicitor's address for service, the claim form may be validly served at that address by one of the permitted methods of service.
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Personal Injury- Motion for issues - Proof or Jury
This action related to a pursuer seeking damages of £8,000,000 for injuries sustained in a road accident on 4 July 2003. The action was defended both on liability and quantum. The pursuer, by motion, sought issues. That motion was opposed in respect of certain questions said to arise from the damages claim. The Defenders argued that the pursuer's pleadings were lacking in specification in a number of respects which gave rise to a significant risk of objections to proposed lines of evidence in th ...
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Civil Reparation
In this action the pursuer claimed damages following injuries he received in a road accident when he was travelling as a pillion passenger on a motor cycle being driven by the first defender, which came into collision with a car being driven by the second defender. The first defender was not insured and had not entered the process. However, the Motor Insurers Bureau (MIB) entered the process by a minute of sist and were represented, as minuters and respondents, in the appeal which was brought by ...
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Personal Injury - Competency of Application for In
This was an application for an interim payment of damages in terms of rule 43.11 of the Rules of the Court of Session 1994. The pursuer was injured in a road accident on 25 September 2002 when the car he was driving collided with a tractor driven by an employee of the defenders. The defenders admitted liability. The pursuer sued for damages of £900,000. He sought an interim payment of £300,000. Evidence was heard at Proof on 8, 9, 10 11 November 2005 (including the Pursuer's evidence). The Proo ...
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Automatic disqualification of judge for apparent bias. The disqualification of a judge for apparent bias was not a discretionary matter and if there was a real possibility of bias the judge was automatically disqualified.
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Appeals – Election not to have matter remitted to lower Court means abandonment of alternative procedural routes. Where a party had elected at an appeal hearing not to have an issue remitted to the Chancery Division so that it would be dealt with by the Court of Appeal, he had accepted that the price of pursuing his appeal was the abandonment of all alternative procedural routes in the event of failure and therefore the advancement of a subsequent claim which raised the same issue was an abuse ...
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