Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

The Claimant failed to serve the Claim Form in accordance with the Civil Procedure Rules within the required period. He did not take all reasonable steps to effect service, and his reasons for delay were not objectively good. Service by email and on solicitors was not permitted as the necessary consents were not obtained. There was no good reason to grant an extension of time, validate alternative service, or dispense with service. Relief from sanction and rectification of procedural error were not available. The applications were refused and the Court had no jurisdiction to hear the claim.

Citation
[2020] EWHC 1708
Parties
Claimant: Dr Theodore Piepenbrock; First Defendant: Associated Newspapers Limited (DMG Media) of Daily Mail General Trust plc; Second Defendant: The London School of Economics and Political Science; Third Defendant: Joanne Hay
Jurisdiction
England and Wales
Judgment Date
01 July 2020
Procedural Posture
Civil Defamation and Malicious Falsehood / Application to Set Aside for Lack of Valid Service; Applications for Extension of Time, Alternative Service, Relief From Sanction, and Summary Judgment
Outcome
Claim dismissed for lack of valid service; all applications by the Claimant refused; Court has no jurisdiction.
Legal Topics
Defamation, Malicious Falsehood, Service of Process, Limitation Periods, Relief From Sanctions, Alternative Service, Summary Judgment
Civil Procedure Media Law Defamation Malicious Falsehood Service of Process Limitation Periods Relief From Sanctions Alternative Service +1 more

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Parties

Dr Theodore Piepenbrock

Claimant

Associated Newspapers Limited (DMG Media) of Daily Mail General Trust plc

First Defendant

The London School of Economics and Political Science

Second Defendant

Joanne Hay

Third Defendant

Procedural Posture

Civil Defamation and Malicious Falsehood / Application to Set Aside for Lack of Valid Service; Applications for Extension of Time, Alternative Service, Relief From Sanction, and Summary Judgment

Legal Issues

  1. 1 Whether the Claimant validly served the Claim Form within the required period under the Civil Procedure Rules
  2. 2 Whether the Claimant is entitled to an extension of time for service under CPR 7.6
  3. 3 Whether the Claimant is entitled to an order validating alternative service under CPR 6.15

Ratio Decidendi

The Claimant failed to serve the Claim Form in accordance with the Civil Procedure Rules within the required period. He did not take all reasonable steps to effect service, and his reasons for delay were not objectively good. Service by email and on solicitors was not permitted as the necessary consents were not obtained. There was no good reason to grant an extension of time, validate alternative service, or dispense with service. Relief from sanction and rectification of procedural error were not available. The applications were refused and the Court had no jurisdiction to hear the claim.

Court Disposition

Claim dismissed for lack of valid service; all applications by the Claimant refused; Court has no jurisdiction.

Orders

  • Claimant's applications under CPR 7.6, 6.15, 6.16, 3.9, and 3.10 refused.
  • Declaration that service of the Claim Form was ineffective.