Power v Meloy Whittle Robinson Solicitors [2014] EWCA Civ 898 (02 July 2014)

Power v Meloy Whittle Robinson Solicitors [2014] EWCA Civ 898 (02 July 2014)

There was an overwhelmingly good reason to order under CPR 6.15(2) that the steps already taken to bring the claim form to the attention of the defendants constituted good service, given the court's procedural errors, the defendant's full knowledge of the claim, and the correspondence indicating the claim was live.

Citation
[2014] EWCA Civ 898
Parties
Claimant/appellant: Edward Power; Defendant/respondent: Meloy Whittle Robinson Solicitors
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Appeal (civil) / Appeal From Leeds County Court Decision on Service of Claim Form and Extension of Time
Outcome
Appeal allowed
Legal Topics
Service of Claim Form, Limitation Periods, Professional Negligence by Solicitors, Extension of Time for Service, Alternative Service Under CPR 6.15
Civil Procedure Professional Negligence Service of Claim Form Limitation Periods Professional Negligence by Solicitors Extension of Time for Service Alternative Service Under CPR 6.15

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Parties

Edward Power

Claimant/appellant

Meloy Whittle Robinson Solicitors

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Leeds County Court Decision on Service of Claim Form and Extension of Time

Legal Issues

  1. 1 Whether the steps taken to bring the claim form to the attention of the defendant constituted good service under CPR 6.15(2)
  2. 2 Whether the court should grant an extension of time for service of the claim form under CPR 7.6
  3. 3 Whether the procedural errors by the court and claimant's solicitors justified relief from the consequences of non-service within the validity period

Ratio Decidendi

There was an overwhelmingly good reason to order under CPR 6.15(2) that the steps already taken to bring the claim form to the attention of the defendants constituted good service, given the court's procedural errors, the defendant's full knowledge of the claim, and the correspondence indicating the claim was live.

Court Disposition

Appeal allowed

Orders

  • Order under CPR 6.15(2) that the steps already taken constituted good service; claim form deemed served on 18 September 2012
  • Directions to be agreed for the action to proceed to trial