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The President discharges location order due to failure to comply with the direction as to the service of the order

Order should have been served by Tipstaff

Sir James Munby, President of the Family Division's judgment in Olaribiro v Shoyemi, will serve as a forceful reminder of how failure to comply with directions as to service of orders can lead to difficulties.

The President heard an application for the discharge of a location order on the ground that there had not been proper service of the order.

At the top of the original order was the following direction:

"Note that service of this order upon the respondent and any other person is to  be effected only by the Tipstaff.  The copy provided to the applicant must not  be used for service upon any person."

That direction was repeated in the covering letter with the order when it was sent to the applicant's solicitors. 

However, at the request of the applicant's solicitors the order was not actually served by the Tipstaff. The solicitors had not wanted the location order to be served until they had had the opportunity to serve some disclosure orders. 

The applicant's solicitors sent the order to Miss Shoyemi.

The President concluded that in those circumstances he would discharge the location order and accompanying directions.

For a summary of the case by Sally Gore of Fenners Chambers and for the full text of the judgment click here

26/10/14