Motorola Solutions, Inc and another v Hytera Communications Corporation Ltd and others [2022] EWHC 2887 (Comm)

HEADLINE SUMMARY

A solicitor's confirmation to accept service of "any" proceedings was not limited to a particular type of proceedings.

COMMENTARY

Solicitors need to be precise when providing confirmation that they are instructed to accept service of legal proceedings on behalf of their clients. Failure to limit the scope of such confirmation to specific proceedings may result in a court finding that there has been a general acceptance of service of any future proceedings. This could be critical if the client is based overseas and the solicitors' agreement bypasses the need for a claimant to serve the client out of the jurisdiction.

It is nevertheless best practice for a claimant or its lawyers to ask a defendant's solicitors whether they are instructed to accept service of each individual claim form.

FACTUAL BACKGROUND

This case concerned the enforcement of a US judgment in the English courts.
The claimant's solicitors ("K") wrote to the defendant's solicitors ("S") in March 2020 when K sought to serve a freezing injunction and an order permitting service out of the jurisdiction on S. In this correspondence, K sought confirmation that S was instructed to deal with "any related matters in England and Wales, including accepting service of English Court proceedings", and S responded with "We confirm that we are now instructed to accept service in England and Wales".

In April 2022, K served a claim form for the enforcement of a US judgment on S. S argued that service was invalid as S had only provided confirmation to accept service in relation to the freezing injunction and not the later enforcement proceedings.

KEY LEGAL POINTS

Mr Justice Picken held that the claim form had been validly served. S had made no effort to limit the confirmation it had given to K in March 2020 to the acceptance of service in relation to the freezing injunction only and had therefore agreed to accept service generally. Further, S must have appreciated that the freezing order would require the commencement of enforcement proceedings, as freezing relief cannot be obtained unless proceedings are underway or commenced immediately.

Moreover, it was clear from K's use of the word "any", that the initial request being made was not limited to a particular type of proceedings.

Key contact

Madeleine Farran