Yukos Finance BV & Ors v Lynch & Ors [2017] EWHC 1821 (Comm)

Judge rules on various service of a claim form issues

In this case, Teare J ruled on various issues relating to service of a claim form, including the following:

The claimants had done nothing wrong in waiting 4 months after the issue of the claim form to apply for permission to serve out of the jurisdiction. On the evidence, it was clear that the claimants had initially hoped to serve in the jurisdiction because it was thought that the defendant travelled to England on a regular basis (he was not domiciled in an EU country). Permission to serve the defendant out of the jurisdiction in Florida and Moscow had been given and it had been appropriate for the claimant to attempt to serve in Florida as a priority because the Foreign Process Service had advised that service in Russia would take a minimum of 12 months. The claimants had then attempted personal service in Lebanon. Tseitline v Mikhelson & Ors [2015] EWHC 3065 (Comm) established that a process server must hand the relevant document to the person upon whom it has to be served. If the defendant refuses to accept it, the process server may tell him what the document contains and leave it with him or near him. A person can only "accept" the document if the nature of the...