Prince Andrew bolts for Balmoral in bid to avoid being served sex assault papers
https://www.thesun.co.uk/news/16078341/ ... -balmoral/
(Not interested in discussing the case in any way - just interested in the legal process)
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Prince Andrew bolts for Balmoral in bid to avoid being served sex assault papers
9873210 wrote:The papers are being served by US Lawyers under US* court rules. The rules don't allow for service by first class mail or registered post.
pje16 wrote:from this page
https://www.diemlegal.co.uk/court-paper ... %e2%80%a8/
"Third-party service
– The documents could be served to a close friend, family member, employer or even neighbour. The standard service process applies i.e. the documents have to be physically handed over and proof of delivery obtained. The main difference is that the person being handed the documents then becomes legally responsible for ensuring the recipient receives the documents. It is therefore important to check that the third-party individual has regular contact with the recipient."
So in this case drop them into
Pizza Express in Aberdeen
pje16 wrote:If it is done that way I imagine whoever delivers it explains the situation and I would expect that you are under no obligations to accept
unless you free extra toppings on your pizza
btw in my road we all take packages in for each other as we all get on like friends
pje16 wrote:I'll see you and raise you, we have THREE No.1s in our reasonably short road
pje16 wrote:from this page
https://www.diemlegal.co.uk/court-paper ... %e2%80%a8/
"Third-party service
– The documents could be served to a close friend, family member, employer or even neighbour. The standard service process applies i.e. the documents have to be physically handed over and proof of delivery obtained. The main difference is that the person being handed the documents then becomes legally responsible for ensuring the recipient receives the documents. It is therefore important to check that the third-party individual has regular contact with the recipient."
Clitheroekid wrote:In the present case, as the court papers have been issued in New York the rules for service would be governed by the New York civil procedure rules, not by the English ones, and they presumably require personal service, though I've no doubt they will have similar rules if personal service proves impossible.
Lootman wrote:The UK method of assuming that the summons, subpoena or whatever arrived in the post always struck me as odd.
Clitheroekid wrote:uote]
This is extremely misleading, as it gives the impression that this is a perfectly normal method of service, which it emphatically is not - in fact I've never heard of anyone being served in this manner.
pje16 wrote:Clitheroekid wrote:This is extremely misleading, as it gives the impression that this is a perfectly normal method of service, which it emphatically is not - in fact I've never heard of anyone being served in this manner.
"they were served on 27 August, being left with a police officer at Windsor's Royal Lodge."
https://www.bbc.co.uk/news/uk-58523119
Lootman wrote:pje16 wrote:Clitheroekid wrote:This is extremely misleading, as it gives the impression that this is a perfectly normal method of service, which it emphatically is not - in fact I've never heard of anyone being served in this manner.
"they were served on 27 August, being left with a police officer at Windsor's Royal Lodge."
https://www.bbc.co.uk/news/uk-58523119
It will now be up to a US judge to rule that the defendant was duly served. Given the publicity around all this I cannot imagine that any judge would decide that somehow magically Andrew was completely unaware of this action against him.
Sounds like he is going to ignore it, which in turn would mean a default judgement will be entered against him, along with whatever monetary award the judge or jury decides.
Then the process of collection will begin. Will Andrew add the indignity of dodging debt collectors in the same way as he ignored process servers?
9873210 wrote:It' a civil matter. Extradition does not apply.
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