Ndole Assets Ltd v Designer M&E Services UK Ltd

Ndole Assets Ltd v Designer M&E Services UK Ltd

Service of a claim form is a reserved legal activity under the Legal Services Act 2007. CSD Legal Limited, not being authorised or exempt, unlawfully conducted litigation by serving the claim form. However, this does not render service a nullity; the court retains discretion and, in the circumstances, service should not be set aside as the claimant and CSD acted in good faith and the defendant suffered no prejudice.

Parties
Claimant/respondent: Ndole Assets Limited; Defendant/appellant: Designer M&E Services UK Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing to Strike Out Claim for Alleged Unlawful Service of Claim Form
Outcome
Appeal dismissed
Legal Topics
Reserved Legal Activities, Service of Claim Form, Legal Services Act 2007, Litigant in Person, Agency in Litigation
Civil Procedure Statutory Interpretation Reserved Legal Activities Service of Claim Form Legal Services Act 2007 Litigant in Person Agency in Litigation

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Parties

Ndole Assets Limited

Claimant/respondent

Designer M&E Services UK Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing to Strike Out Claim for Alleged Unlawful Service of Claim Form

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 a non-authorised, non-exempt 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. CSD Legal Limited, not being authorised or exempt, unlawfully conducted litigation by serving the claim form. However, this does not render service a nullity; the court retains discretion and, in the circumstances, service should not be set aside as the claimant and CSD acted in good faith and the defendant suffered no prejudice.

Court Disposition

Appeal dismissed

Orders

  • Service of the claim form stands; proceedings not struck out.