(Re)Insurance Weekly Update 32- 2018

A summary of recent developments in insurance, reinsurance and litigation law.

Ward Solicitors v Hendawi: Case on service of claim form at "last known address"

http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2018/1907.html&query=(hendawi)

Where an individual defendant does not give an address for service of the claim form, and personal service cannot be carried out, CPR r6.9 provides that service can be made at his/her "usual or last known residence". CPR r6.9(3) provides that where a claimant has "reason to believe" that that address is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant's current residence.

In this case, the claimant had sent a letter by post to the address which it had for the defendant. The letter was not returned undelivered, but the defendant had told the claimant that he had not received the letter. The letter had also been sent by email to the defendant. About a year later, the claimant served its claim form at the same address, on the basis that it was the defendant's "last known residence". The claimant was unaware that the defendant had left that address a year...