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Litigation Letter

Last known residence

Chellaram and another v Chellaram and others ([2002] 3 All ER 17 Ch D)

One of the defendants, who was neither domiciled in a convention state nor present in England at the time of service, was purportedly served by first class post addressed to him at the address where he stayed on his very occasional visits to London. CPR 6.5(6) provides for service by first class post on an individual to his ‘last known address’. The claimants contended that the CPR had changed the rules of jurisdiction by allowing a defendant, who was not domiciled or present in England, to be sued in England by virtue of service on him at his last known residence.

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