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PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

Postby 3.14 » Tue Feb 04, 2014 1:57 pm

The High Court has very recently decided that an individual who is a director of a UK company can be served with documents, including a claim form commencing English legal proceedings, at his service address for that company, even if the document is not related to that company or his directorship of it. This means that a director who resides abroad can be served with English legal proceedings on any matter if he has a UK service address noted at Companies House, without the need to comply with the usual requirements for service outside the jurisdiction.

The same applies to an individual who is a secretary of a UK company, or a director, secretary or permanent representative of an overseas company with a UK establishment which it is registered at Companies House.

Service addresses

Under the Companies Act 2006, a director of a UK company is required to provide his usual residential address to the company for inclusion in its register of directors' residential addresses, and this information is also included in information about the director held at Companies House. The director must update this information if he moves house. However, this address is not open to inspection by the public, either in the company's own records or through Companies House.
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Re: PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

Postby atticus » Tue Feb 04, 2014 2:31 pm

The case is Key Homes Bradford Ltd v Patel http://www.bailii.org/ew/cases/EWHC/Ch/2014/B1.html

See para 26. But the Master also held that this was the last address for D known to C, and therefore that D had been validly served there: para 42.

As this is the decision of a Master (a lower level procedural judge, not a *Judge*) it may be unwise to place too much weight on this ruling.

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Re: PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

Postby 3.14 » Tue Feb 04, 2014 2:34 pm

It is not my article...http://www.ffw.com/publications/all/art ... dings.aspx

Andrew Blankfield is a partner and head of the Corporate Group of Field Fisher Waterhouse in London.
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Re: PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

Postby atticus » Tue Feb 04, 2014 2:36 pm

How was I to know that when I made my first post?

You are welcome to share my thoughts with Mr Blankfield. His article overlooks para 42, and therefore incorrectly states that D had not been served under the CPR:

Master Marsh, in para 42 wrote:For the reasons I have given, I conclude that Romford was the (or one of the) Defendant's last known residence for the purposes of CPR 6.9(2) at the date the claim form was delivered there and service was effective (if he was not served under the 2006 Act). I have already concluded that the Defendant's presence in the UK was unnecessary and it is not a requirement of English conflicts law that he had to be resident in England at that date. (emphasis supplied)
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Re: PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

Postby 3.14 » Tue Feb 04, 2014 2:40 pm

You weren't to know. I was just sharing an interesting article. It's all up for debate anyway.
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Re: PROCESS SERVICE ON OVERSEAS DIRECTORS - LAW UPDATE

Postby dls » Wed Feb 05, 2014 11:11 am

I think you have to ask why it should not be an address for service of anything. If it is given as current, he presumably has arrangements to be notified of mail, so it should work no injustice.

The answer may be to expand the CPR to include explicitly both companies house and land registry addresses.
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