Barrister won't provide address for service

[heisenberg]

Does CPR 6.8 help?

https://www.justice.gov.uk/courts/pr...les/part06#6.8

I'm not sure it does sadly, as I think it would need to be a business address:

"(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK and which the defendant has given for the purpose of being served with the proceedings; or"

I'm not sure the chambers address can be considered a business address, especially if the barrister in question is self-employed?

[atticus]

Do you think that a barrister's chambers address is not his or her business address? Why?

[heisenberg]

Do you think that a barrister's chambers address is not his or her business address? Why?

Is it? I think it could arguably be, but I'm not sure. Obviously, if I get service wrong, I could be in a world of trouble.

[heisenberg]

Is it? I think it could arguably be, but I'm not sure. Obviously, if I get service wrong, I could be in a world of trouble.

Also, how could any judgment be enforced if we don't have his home address?

[atticus]

By other means. See the enforcement sections of the CPR.

[atticus]

If you really want to be certain you have served a Claim Form with there being not a scintilla of doubt, then you arrange to meet your defendant and give all necessary papers into his or her hands.

[heisenberg]

If you really want to be certain you have served a Claim Form with there being not a scintilla of doubt, then you arrange to meet your defendant and give all necessary papers into his or her hands.

Only problem with that is that he is accusing me of harassing him for asking him reasonable questions, and sending him a letter before claim (a cynical defence), so the chances of him agreeing to meet are pretty much zilch. In fact, I wouldn't be surprised if he were to report me to the police for merely asking if I could effect service in that way.

[atticus]

You are very good at finding arguments against. If you don't want to do it, then so be it.

[heisenberg]

You are very good at finding arguments against. If you don't want to do it, then so be it.

I certainly want to explore the options.

It seems he is arguably a "solicitor" as defined under CPR 6.2 (d), so it seems that I can't effect personal service according to CPR 6.5 (a). Have I missed something?

[atticus]

You need to look further into the meaning of "conduct litigation".

[heisenberg]

You need to look further into the meaning of "conduct litigation".

I'm not sure where to start? Also, some barristers are part of the Direct Access Scheme, and conduct litigation without a solicitor.

[heisenberg]

The general stringency of approach to issues relating to service was confirmed by the Court of Appeal decision in Nangelenan -v- Royal Free Hampstead NHS Trust (CA 23rd January 2001)

Nangelenan was a case where, prior to the issue of proceedings, the defendant's insurer notified the claimant's solicitor that Browne Jacobson solicitors were to act on their behalf in defending an action. Browne Jacobson subsequently wrote to the claimant's solicitors and confirmed their instructions.

The claimant subsequently served proceedings on the Royal Free Hospital (not the NHS Trust that was the proper defendant). In any event proceedings were not served on the nominated solicitors.

The issue before the Court of Appeal was whether the service on the defendant in these circumstances was proper service within the rules. Rule 6.5(5) (4) states that any document must be served or left at "the address for service given by the party to be served."

The claimant argued that service on the defendant personally was appropriate service. The Court of Appeal held it was not. Lord Justice Thorpe stated:

"the primary obligation is on a party to give an address for service, and that once there has been compliance with that obligation, ordinarily speaking, service will be at the address given."

So, since the barrister in question has provided an address for service, it seems I can't effect service personally?

[tesla6518]

Search the internet, there are lots of people finding services that cost no more than £12. 192.com comes to mind. we just used one that cost 50p for the results. they give you a brief outline of the address so that you are fairly sure you know if it is the correct area.

[12tribes]

Dear all,

I am trying to send a barrister a letter before claim, but I only know the address of his chambers. I understand that the chambers address is not the correct address, as he is essentially self-employed or a sole trader?

The barrister in question is refusing to provide me with his address for service, and is cynically trying to scupper any claim I have against him.

Any input would be immensely appreciated.

Many thanks.

Do you have a solicitor? Your claim is against the barrister?
The usual protocol from my past experience - is that your solicitor is the go-between. The barrister, or chambers, is not contacted directly by the claimant. . I was told this when I sent a letter to a barrister / chambers acting for me, and I got no reply. The solicitor was the front man to the public, took care of it all, inc barrister fees.

[12tribes]

Only problem with that is that he is accusing me of harassing him for asking him reasonable questions, and sending him a letter before claim (a cynical defence), so the chances of him agreeing to meet are pretty much zilch. In fact, I wouldn't be surprised if he were to report me to the police for merely asking if I could effect service in that way.

They know every trick in the book unfortunately; yes harassment, pleading distressm is how they can turn the tables