Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865 (21 December 2018)

Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865 (21 December 2018)

Service of a claim form is a reserved legal activity under the Legal Services Act 2007. Only authorised or exempt persons may perform such acts. However, where service is effected by an unauthorised person, the act is not a nullity; the court retains discretion whether to set aside service. In this case, service was valid and should not be set aside, as the claimant and its agent acted in good faith and the defendant suffered no prejudice.

Citation
[2018] EWCA Civ 2865
Parties
Respondent/claimant: Ndole Assets Limited; Appellant/defendant: Designer M&E Services UK Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (technology and Construction Court)
Outcome
Appeal dismissed
Legal Topics
Reserved Legal Activities, Conduct of Litigation, Service of Claim Form, Legal Services Act 2007, Agency in Litigation, Litigant in Person, Statutory Interpretation
Civil Procedure Legal Profession Regulation Construction Law Reserved Legal Activities Conduct of Litigation Service of Claim Form Legal Services Act 2007 Agency in Litigation +2 more

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Parties

Ndole Assets Limited

Respondent/claimant

Designer M&E Services UK Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (technology and Construction Court)

Legal Issues

  1. 1 Is service of a claim form a reserved legal activity under the Legal Services Act 2007?
  2. 2 Does service by an unauthorised person render service invalid and require the claim to be struck out?

Ratio Decidendi

Service of a claim form is a reserved legal activity under the Legal Services Act 2007. Only authorised or exempt persons may perform such acts. However, where service is effected by an unauthorised person, the act is not a nullity; the court retains discretion whether to set aside service. In this case, service was valid and should not be set aside, as the claimant and its agent acted in good faith and the defendant suffered no prejudice.

Court Disposition

Appeal dismissed

Orders

  • Service of the claim form stands as valid.
  • No order to strike out the claim.