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ARTICLE · 06 JULY 2017

Does It Serve To Enquire? - Obligations On A Summons Server To Make Reasonable Enquiries

Dillon Eustace
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The plaintiff in this case was the collector general for the Revenue Commissioners who was claiming €184,545.68 from the defendants.

IrelandLitigation, Mediation & Arbitration
John O'Riordan
John O'Riordan
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The recent decision in Gladney v Raymond (Unreported, High Court, Humphreys J., 29 May 2017) [2017] IEHC 347 provides welcome clarification and assistance to summons servers as to what a court will consider to be sufficient and reasonable enquires when seeking to serve proceedings on a defendant.

In Gladney following unsuccessful attempts to effect personal service of a summons and open enquires as to a defendants whereabouts an application for substituted service was made. The court examined how detailed those enquiries must be and how specific must a plaintiff's affidavit evidence be in relation to the precise details of the local enquiries made?

Facts

The plaintiff in this case was the collector general for the Revenue Commissioners who was claiming €184,545.68 from the defendants. A summary summons was issued in December 2016 and attempts at personal service were made on three occasions between March and April 2017. In attempting to effect personal service

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