Thorne v Lass Salt Garvin (A Firm) [2009] EWHC 100 (QB) (28 January 2009)

Thorne v Lass Salt Garvin (A Firm) [2009] EWHC 100 (QB) (28 January 2009)

Service of the Claim Form by fax was invalid as there was no prior written consent from the Respondent as required by the rules. The case was not exceptional so as to justify dispensing with service. The late application to amend the Notice of Appeal to raise a new ground was refused as it was not raised below and there were no exceptional circumstances to justify the amendment.

Citation
[2009] EWHC 100 (QB)
Parties
Appellant/claimant: Michael Rebbel Thorne; Respondent/defendant: Lass Salt Garvin (a firm)
Jurisdiction
England and Wales
Judgment Date
28 January 2009
Procedural Posture
Appeal / Judgment on Appeal Against Order Regarding Service of Claim Form
Outcome
Appeal dismissed
Legal Topics
Service of Claim Form, Dispensing With Service, Practice Directions, Amendment of Notice of Appeal
Civil Procedure Service of Claim Form Dispensing With Service Practice Directions Amendment of Notice of Appeal

Case Brief

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Parties

Michael Rebbel Thorne

Appellant/claimant

Lass Salt Garvin (a firm)

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Order Regarding Service of Claim Form

Legal Issues

  1. 1 Whether service of the Claim Form by fax was valid under CPR and Practice Direction 6
  2. 2 Whether the court should dispense with service under CPR 6.9
  3. 3 Whether permission should be granted to amend the Notice of Appeal to raise a new ground

Ratio Decidendi

Service of the Claim Form by fax was invalid as there was no prior written consent from the Respondent as required by the rules. The case was not exceptional so as to justify dispensing with service. The late application to amend the Notice of Appeal to raise a new ground was refused as it was not raised below and there were no exceptional circumstances to justify the amendment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay Respondent's costs of the appeal