![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Commercial Court) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Yukos Finance BV & Ors v Lynch & Ors [2017] EWHC 1812 (Comm) (20 July 2017) URL: https://www.bailii.org/ew/cases/EWHC/Comm/2017/1812.html Cite as: [2017] EWHC 1812 (Comm) |
[New search]
[Context]
[View without highlighting]
[Printable RTF version]
[Help]
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Rolls Building, 7 Rolls Buildings Fetter Lane, London EC4A 1NL |
||
B e f o r e :
____________________
(1) ![]() ![]() ![]() ![]() (2) ![]() ![]() (3) STITCHING ADMINISTRATIEKANTOOR ![]() ![]() (4) DAVID GODFREY (5) ![]() ![]() (6) ![]() ![]() (7) ![]() ![]() |
Claimants |
|
- and - |
||
(1) STEPHEN ![]() (2) ![]() (3) ROBERT REID (4) RICHARD ANDREW DEITZ (5) ROBERT MARK FORESMAN |
Defendants |
____________________
First Defendant represented himself
Hearing date: 30 June 2017
____________________
Crown Copyright ©
Mr. Justice Teare :
Delay in service in Russia
Non-disclosure of failed attempt to serve in Florida
Retrospective service in Lebanon
"In my judgment it is plain from these authorities (and from the special nature and role of personal service discussed above) that the process of leaving a document with the intended recipient must result in them acquiring knowledge that it is a legal document which requires their attention in connection with proceedings. Whilst this is expressed as requiring that the intended recipient be "told" the nature of the document, the focus is on the knowledge of the recipient, not the process by which it is acquired. Whilst in most cases knowledge of the nature of the document will be found to have been imparted by a simple explanation, it is clear that it can … also readily be inferred from pre-existing knowledge, prior dealings or from conduct at the time of or after service, including conduct in evading service: see Barclays Bank of Swaziland v Hahn [1989] 1 WLR 506 at 512A."
"I placed a black material bag containing the Documents immediately in front of Mr.Lynch
on the check-in counter…and said words to the effect of "I am here to deliver some documents to you". The Documents contained therein were visible and easily accessible to Mr.
Lynch.
Mr.
Lynch
appeared somewhat flustered, nodded his head in agreement and murmured "OK" in a weak but audible tone. I saw Mr.
Lynch
place a hand on the black material bag and I walked away from him and the check-in counter. "
"The photographs show Mr.Lynch
placing his right hand on the black material bag…while turning to speak to the male beside him….The photographs show Mr.
Lynch
inspecting the Documents contained in the black material bag by leafing through the Documents with both hands."
"When I was at the check-in for Aeroflot a casually dressed man, not known to me, approached me and thrust into my arms a black cloth sack saying "these are the papers for you, I don't know what they are". After pushing the cloth sack into my arms the man immediately released the sack and left. I immediately put the sack on the check-in counter in front of me. The sack said, "Tulip Royal Hotel" and "Laundry". I could not tell what was in the sack. The Aeroflot representative who was directly in front of me asked me whether I knew the man who had given me the sack or knew what was in the sack. I told him I did not. The Aeroflot representative told me not to touch the sack and called airport security. He then instructed me to leave the check-in area without touching or taking the sack with me. "
Conclusion