Case of the Day: Selmani v. Glaxo Smith Kline
Posted on October 13, 2016
The case of the day is Selmani v. Glaxo Smith Kline (D.N.J. 2016). Alexandre Selmani sued Liam Kennedy and others, alleging he was fired in retaliation for whistleblowing. Kennedy, who lived in the UK, was served with process by a process server working on behalf of a solicitor. Kennedy moved to dismiss for insufficient service of process.
Kennedy’s argument was that only solicitors were competent persons for purposes of Article 10(c) of the Hague Service Convention. The court rejected this argument, noting that under the English Civil Practice Rules 6.49(c), a “process server” is defined as a “process server appointed by the Lord Chancellor to serve documents” or “the process server’s agent.” I am not sure that this citation is apposite, and I invite comment from English lawyers. The reason for my uncertainty is that it the rule seems to refer only to service via the English central authority.