Alli-Balogun & On The Beach Ltd & Ors

Alli-Balogun & On The Beach Ltd & Ors

Service of the additional claim on Meeting Point at 55 Strand, London was not valid under CPR 6.3(1)(c) and 6.9 because Youtravel.com Ltd was not a place of business of Meeting Point but an independent agent. However, there was good reason under CPR 6.15 to permit and validate service at that address, given that Meeting Point was fully aware of the proceedings, and alternative service would avoid significant delay and expense. The requirements for service out of the jurisdiction under CPR 6.36/6.37 were also satisfied.

Parties
Claimant: Gabrielle Alli-Balogun (suing by her mother and litigation friend Obiageli Alli-Balogun); First Defendant: On The Beach Limited; Second Defendant: Zurich Insurance PLC Sucursal en Espana; Third Defendant: Hosa Hotels SA; Fourth Defendant: Institut de Balear d’Emergencies SL; Fifth Defendant: Mapfre Espana Compania de Seguros y Reaseguros; Additional Party: Meeting Point Youtravel Tourism LLC
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Civil / Interlocutory Application (jurisdiction and Service of Process)
Outcome
Both the application and cross-application succeed to the extent set out in the judgment.
Legal Topics
Jurisdiction, Service of Process, Agency, Contract Law
Civil Procedure Jurisdiction Service of Process Agency Contract Law

Case Brief

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Parties

Gabrielle Alli-Balogun (suing by her mother and litigation friend Obiageli Alli-Balogun)

Claimant

On The Beach Limited

First Defendant

Zurich Insurance PLC Sucursal en Espana

Second Defendant

Hosa Hotels SA

Third Defendant

Institut de Balear d’Emergencies SL

Fourth Defendant

Mapfre Espana Compania de Seguros y Reaseguros

Fifth Defendant

Meeting Point Youtravel Tourism LLC

Additional Party

Procedural Posture

Civil / Interlocutory Application (jurisdiction and Service of Process)

Legal Issues

  1. 1 Whether service of the additional claim on Meeting Point Youtravel Tourism LLC at the address of Youtravel.com Ltd in London was valid under CPR 6.3(1)(c) and 6.9
  2. 2 Whether the court should permit alternative service under CPR 6.12, 6.15, or 6.36/6.37
  3. 3 Whether the court should dispense with service under CPR 6.16

Ratio Decidendi

Service of the additional claim on Meeting Point at 55 Strand, London was not valid under CPR 6.3(1)(c) and 6.9 because Youtravel.com Ltd was not a place of business of Meeting Point but an independent agent. However, there was good reason under CPR 6.15 to permit and validate service at that address, given that Meeting Point was fully aware of the proceedings, and alternative service would avoid significant delay and expense. The requirements for service out of the jurisdiction under CPR 6.36/6.37 were also satisfied.

Court Disposition

Both the application and cross-application succeed to the extent set out in the judgment.

Orders

  • Meeting Point’s application to set aside service under CPR 6.3(1)(c) and 6.9 is granted.
  • OTB is granted permission to serve the additional claim on Meeting Point at 55 Strand, London under CPR 6.15, validating the steps already taken.