SERVICE OF THE CLAIM FORM CASES: THE PAST 14 MONTHS: ANOTHER SEASON OF THE DREARY & UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES: WEBINAR 5th FEBRUARY 2024

This year has seen a bumper number of  reported cases on what Master McCloud has referred to as a “dry and unlovely crop of procedural service issues”.  This webinar on the 5th February looks at the cases relating to the claim form since October 2022. There are a large number of cases where claimants have fallen foul of the rules and failed to serve properly, usually with dire consequences. It also highlights those cases where claimants have been unsuccessful.  It looks at the practical consequences of the decisions and the steps that lawyers can take to avoid being involved in claim form issues. Booking details are available here.

TOPICS TO BE COVERED

Failing to serve at the right place

  • Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) – Had solicitors stated that they would accept service of proceedings?
  • Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm)  Service at last known address, had claimant used reasonable diligence?
  • London Fluid System Technologies Ltd & Ors, R (On the Application Of) v HM Revenue and Customs [2023] – Claimants granted order under CPR 6.15 because of ambiguity in defendant’s communications
  • Telford And Wrekin Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2439 (Admin) –  Period for service ran from date of decision, no extension when proceedings served late
  • Jagger (& others) -v- Axa Insurance Plc service on defendant’s old registered office is not good service.
  • Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch). Failure to serve at address of nominated solicitors (new solicitors had been instructed). Defendant’s application to issue prompt application under CPR Part 11, and submitting to the jurisdiction.

Failing to serve in time

  • Waldie -v- Manchester Airport (21st April 2022) – Failing to serve in time, CPR 3.9 was not the correct test
  • Halton Borough Council v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 293 (Admin) – Failing to serve in time, application for extension refused.
  • Walton -v- Pickerings Solicitors and F Brophy [2023] EWCA Civ 602 – Claimant successful in argument about serving in time.
  • Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch).  Failing to serve on nominated solicitors (even though new solicitors instructed). Defendant failing to make prompt application under CPR 11.

No seal, no joy!

Pitalia & Anor v NHS England [2023] EWCA Civ 657 – Failure to serve a sealed claim form

Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 – Sealed claim form must be served in response to a specific court order

Costs

Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) – Defendant could not recover costs of an application in relation to claim form, it should have known the claim form was not properly served.