Queen’s Bench Division highlights risks of filing documents by DX under the Service Regulation (Oakfield Foods Ltd v Zaklad Przemyslu Miesnego Biernacki)

Article summary

Dispute Resolution analysis: John Kimbell QC, sitting as a deputy judge of the High Court in the Queen’s Bench Division, ruled that an Annex II declaration of refusal of service of a European Order for Payment, dispatched by the applicant by Document Exchange, was not validly filed at court within the meaning of the Service Regulation. The applicant was provided with the address and postcode of the Senior Master in the Foreign Process Section at the Royal Courts of Justice and therefore the only safe methods of returning the form were by post or by hand. The applicant’s solicitors took a risk in using DX when no DX number was given on the form and then made a mistake by using the wrong DX number in any event. They also did not seek confirmation of receipt by the court. Written by Lee Schama, barrister, at 36 Commercial.