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Howard Winn

Lai See | An unwelcome reminder of why 'the law is an ass'

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Every now and again we are reminded of the truth of the expression, "The law is an ass."

Ever since Aquitaine Investment Advisors moved into new premises in June, it has been receiving hand-delivered legal documents: writs, bundles of skeleton arguments from two law firms - Simmons & Simmons and Howse Williams Bowers. However, the respondents no longer occupy the premises.

Aquitaine has told the messengers and emailed the chief operating officers of both law companies informing them of the situation. But still the documents have kept arriving.

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"We tell both firms' delivery employees that the service is incorrect - their response is simply: 'We know this, just throw them away'," writes Aquitaine's group managing director, Marlene Whittman. She added, "I can't do that. It's not the right way to treat sensitive legal documents."

She began to wonder about the professionalism of these two law firms.

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However, Kevin Bowers, a senior partner with Howse Williams Bowers, told Lai See that much as he regrets the situation, there is nothing he can do about it. His company represents the liquidator of Wing Fai Construction. Two of the defendants are acting in person and have given their previous office premises, now occupied by Aquitaine, as their address for serving documents. The defendants in question have disappeared. "Until they change that address, I have no option but to keep sending documents there even though I know they are not there. It's a court rule. I'm under a court direction to carry on doing it," says Bowers.

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