Prince Andrew not served papers as they were handed to his police security.

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https://www.bbc.co.uk/news/uk-58527909

So Prince Andrew team are now claiming he hasn't been served papers because he has hidden behind police officers who would not let the sever past and instead took the papers.

The server had no ability to over ride the police so is this effectively the police protecting Andrew from legal procedures?


I feel these papers should be served now by being forcibly stapled to his forehead


He was advised the papers could be left with police at the main gates, and they would be forwarded to the legal team.

The papers state: "The deponent did enquire whether it was possible to meet personally with the defendant, but the deponent was told that this was not possible."

Ms Giuffre's legal team claim that by leaving the papers with the officer, the service was successfully completed.

Asked whether the prince had received the papers and if he accepted they had been served, a spokeswoman representing the prince said: "No comment."
 
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IIRC papers can be served to the person or that persons representative, or even depending on which part of US law (states have differing ones and they even differ on the reason for serving) you're working under simply to the address or any person who is working at that address.
I think you can also in some instances do it by say taping the papers to the front door (often how notices of eviction are handled in the US) or under the wipers of their vehicle, taking photos to prove you have done it.

I strongly suspect that if the persons security won't allow you to get close to them, then handing them to that persons security detail could very well be classed as served - otherwise all you ever need to do is keep a couple of big bouncers to stop you from ever receiving them.
Andrew can't claim he's unaware of the attempts to serve papers, and if it comes down to it I wouldn't be surprised if they get a court order that says they just have to give them to his legal address or representatives via any means that can be proven (at which point you send them by mail with proof of postage to every one of his lawyers, the firm's address, his registered address, his formal office etc).

It could be very funny if his attempts to avoid being served result in a default judgement in a US court because he's been deemed to not have responded after they've done something like handed them over at his lawyers offices.
 
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IIRC papers can be served to the person or that persons representative, or even depending on which part of US law (states have differing ones and they even differ on the reason for serving) you're working under simply to the address or any person who is working at that address.
I think you can also in some instances do it by say taping the papers to the front door (often how notices of eviction are handled) or under the wipers of their vehicle, taking photos to prove you have done it.

I strongly suspect that if the persons security won't allow you to get close to them, then handing them to that persons security detail could very well be classed as served - otherwise all you ever need to do is keep a couple of big bouncers to stop you from ever receiving them.
Andrew can't claim he's unaware of the attempts to serve papers, and if it comes down to it I wouldn't be surprised if they get a court order that says they just have to give them to his legal address or representatives via any means that can be proven (at which point you send them by mail with proof of postage to every one of his lawyers, the firm's address, his registered address, his formal office etc).


It seems its very different when that security is the pffical uk police force though as they aren't a representative
 
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It seems its very different when that security is the pffical uk police force though
It shouldn't really make a difference imo in the long term, as if they're his security they should be able to be deemed to be able to hand the documents over to someone responsible.

They certainly should not be being used to prevent the legal process from going ahead.

IIRC all US courts have processes to deal with people who are actively refusing/avoiding to receive court papers, and they usually don't count in the persons favour as it's wasting court time and so they gradually reduce the requirements from handing the papers over in person to simply posting them*, especially when there is no way the person avoiding them can be unaware of the attempts (say if it's splashed all of the news**). I think the key thing is the attempts have to be properly documented, and in that case handing them over to a police officer on the gates is definitely going to get documented (both by the process server and almost certainly by multiple official records from the police including body cam footage).
So hiding behind the police may stop in person service, but just opens the gate for the next level to be done.

I suspect Andrew is simply trying to waste his accusers money and attempting to either force her to give up due to lack of funds to continue (a very common issue with rich defendants/litigants who are in dispute with someone who doesn't have the resources), or for some clock to run out in terms of time to make claims/follow them through.
I also suspect it's not going to work in his favour, especially if it ever gets to a US court as either he's going to risk a default judgement, going up against a Jury who will see it potentially as a sign of guilt, or end up with his legal team dealing with an increasingly annoyed judge who is possibly going to keep reducing the requirements for process to have been deemed served and award costs for those failed attempts.

If he's as innocent as he claims he's doing a fine job of making himself look increasingly guilty with his silly interviews and attempting to use his position and official protection to avoid the court.

*Much the same way that in the UK notifications of speeding offences are deemed "served" if sent by post after X days.

**Apparently a lot of US courts allow notice to be "served" by simply posting an advert in the local paper for the area. I can imagine the Queen being very unamused if say a full page advert was taken out in all of Andrew's local papers and the likes of the Times and Telegraph etc.
 
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I mean in the one picture they have of them together , which I can only assume the prosecution will try to use as evidence, the girl doesn't exactly seem like she is either unhappy or trying to get away from Prince Andrew.

Of course to be forced into having sex is abhorrent and I'm not trying to excuse that if it is indeed the case but in my mind most 17 year old sound of mind girls might see this as suspicious from a mile away and if it happened once, get away and never let it happen again.

Let alone multiple times.
 
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But how does that work when police officers are preventing that

It’s down to the judge in NYC (AFAIK) to determine whether this counts as them
being served.

It’s not like they’ve been left with some random doorman or concierge in a hotel/apartment he’s staying in. Surely leaving them with a police officer, having the official head of his security award they’ve been served ought to be sufficient.

I mean they’ve been to his address twice, police officer on the gate knows this is serious matter and flags it up, there is no way they can argue he wasn’t aware, his advisors would have been very aware of the first attempt let alone when they came back and left them with the officer.
 
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It’s down to the judge in NYC (AFAIK) to determine whether this counts as them
being served.

It’s not like they’ve been left with some random doorman or concierge in a hotel/apartment he’s staying in. Surely leaving them with a police officer, having the official head of his security award they’ve been served ought to be sufficient.
Yup and apparently US courts are very used to people trying to avoid receiving the paperwork and have specific procedures, they just have to start with serving in person, then can work down the list of serving the home address (and basically anyone there over 18 can accept them), the business addresses, etc right down to a notice in the paper.
The papers are there to give notice and the relevant paperwork in an easy bundle, it looks like the US courts can take the view that if you had no legitimate way of not being aware of the proceedings and were actively avoiding the paperwork it's your own fault if you don't get to have your say.
I would suspect that given Andrew has been extremely aware of the proceedings, given interviews proclaiming his innocence and it's been all over the national (and international) press the lawyers may be box ticking to a degree.

Basically as long as they can show the person was aware of the proceedings, or should have been they can eventually go ahead - and if the person pretends they're not aware of it and doesn't file any defence it can end in a default result.
 
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It could be very funny if his attempts to avoid being served result in a default judgement in a US court because he's been deemed to not have responded after they've done something like handed them over at his lawyers offices.

Not that I'm defending the nonce, but even if a US court does make a default judgement against him, does he even have assets in the US they could seize. This is only a private prosecution right, so would seem like she'll be awarded damages but have no way of claiming them.

No UK court is going to award her the damages based on a US court judgment.
 
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Just seeing on the news that the lawyers are in court stating they have attempted to hand over the papers in person (and did so to security), by email to several of his contact addresses, and via first class mail to his residence.

It sounds very much like they're going for the "we've done everything we can to serve him as required" line by covering pretty much all the requirements to serve papers that US laws require and doing it all at once.
I think the news said his lawyers didn't turn up for the hearing which could be fun:)
 
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