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A liquidator issued proceedings against B alleging a breach of s 423 of the Insolvency Act 1986. HHJ Purle QC (sitting as a judge of the High Court) granted a freezing order and permission to serve out of the jurisdiction, as B was resident in France. B successfully applied to set aside service on him, as it had not been in accordance with the mandatory terms of Art 4 of the Service Regulation, in that the proceedings had been served by an English process server, not by a French court bailiff and that was not a defect capable of remedy under r 7.55 of the Insolvency Rules 1986. The freezing order was extended for 14-days, pending an application for permission to appeal to the Court of Appeal.
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