Cases

Hart v Stewart

Facts

C, a football agent registered with the Football Association ('the FA'), issued proceedings claiming monies allegedly due under an agency agreement. D was a footballer with Heart of Midlothian and a Scottish international who was subject to the rules of the Scottish Football Association ('the SFA'). The proceedings had been served on D in Scotland out of the jurisdiction without leave under CPR 6.19. Proceedings were first posted to D by recorded delivery but were returned to C marked 'undelivered'. Before they were returned and prior to service on D, C issued an application for default judgment. The proceedings were then served on C personally by a Sheriff's Officer. Thereafter judgment in default of acknowledgment of service had been entered. D made an application to (i) set aside the default judgment and (ii) to stay the action under s.9 of the Arbitration Act 1996 on the grounds that the dispute was subject to an agreement to arbitrate.

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