The High Court has granted leave for a bankruptcy summons to be served by prepaid post on a debtor at an address in Scotland and at an Irish address, where his actual address was disputed. It also directed substituted service by post to him care of his son at the Irish address.
Mr Justice Kennedy’s judgment, delivered on 22 July 2024, addressed whether a bankruptcy summons may be served outside Ireland. The ruling concerns service of the summons only; it does not determine the underlying bankruptcy application or whether the debt remains unpaid.
The creditor, Blessville Limited, is pursuing the summons against Patrick Doherty. The judgment says the debt arose from an Irish High Court judgment in proceedings initiated in Ireland by the debtor. Doherty had previously confirmed he lived in Ireland and more recently indicated that he lived at an address in Scotland. The judge noted controversy about his actual address.
The creditor argued that an 1871 English decision, Ex p. O’Loghlen, should not prevent service abroad under Irish law. That decision concerned different legislation, which expressly excluded Ireland and Scotland unless otherwise provided. The Bankruptcy Act 1988 contains no express provision either allowing or prohibiting foreign service of a bankruptcy summons.
The judge considered the Act’s provisions allowing Irish bankruptcy proceedings against certain debtors who live abroad, including people who lived, had a dwelling house or place of business, or conducted business in Ireland within the preceding three years. He accepted the creditor’s submission that serving a debtor abroad may be necessary to pursue those proceedings. He also noted that a bankruptcy summons is a formal warning, rather than a document that itself commences legal proceedings, and found no basis to bar its service abroad.
The court granted leave for postal service at both the Scottish and Irish addresses. It further directed substituted service by prepaid post addressed to Doherty care of his son, who the judgment says continues to reside at the Irish address. The stated purpose was to ensure Doherty received notice. The order does not adjudicate the debt or make a bankruptcy adjudication.