Judicial notice of the fact of an accident

Judicial notice of the fact of an accident

In connection with the road accident in the United States, American plaintiff brought an action for damages from the Russian respondent. However, it appeared that the defendant, a lawyer by profession, has taken all possible measures to avoid handing him the relevant documents in Russia. Charter search for the defendant, the plaintiff in the end, Russia hired a private detective.

After some prompting inquiries detective found the respondent in Moscow and personally handed him a summons and statement of claim. The defendant stated that the service of documents by a private detective breach of the Convention, as Russia explicitly opposed to this method of delivery. The plaintiff argued that the Hague Convention is not applicable in this case because the defendant's address was not known in the sense of the second paragraph of Article 1. The Court, however, decided that as a private detective was able to find the recipient's documents and give them to him personally, the reference to the impossibility of setting address was illegal, and the Convention should be applied.

The final conclusion of the court was even more remarkable: he considered the service of documents valid, in spite of the above objections of the Russian Federation on the basis of repeated attempts by the plaintiff found the defendant to fraud the defendant, who was trying to avoid handing him the documents and the fact that the defendant has actually been notified of the lawsuit in a timely manner, to be able to submit a Statement of Defence.

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