Lacey v Palmer Marine Services Ltd & Anor [2019] EWHC 112 (Admlty) (25 January 2019)

Lacey v Palmer Marine Services Ltd & Anor [2019] EWHC 112 (Admlty) (25 January 2019)

The court's direction of 18 July 2018 did not extend time for service of the claim form; the claim form was served out of time; and the court has no power to dispense with service under CPR 6.16 in these circumstances, as the claimant's sole remedy was an application under CPR 7.6(3), which was not made.

Citation
[2019] EWHC 112 (Admlty)
Parties
Claimant: Mrs Alison Lacey; First Defendant: Palmers (First Defendant); Second Defendant: Port of London Authority (Second Defendant)
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Admiralty Collision Claim (personal Injury/fatal Accident) / Application to Strike Out Claim for Late Service; Application to Dispense With Service
Outcome
Claim struck out for failure to serve claim form in time; applications by defendants granted; claimant's application dismissed.
Legal Topics
Service of Claim Form, Extension of Time, Dispensing With Service, Interpretation of Court Orders, Exceptional Circumstances Under CPR 6.16
Civil Procedure Admiralty Law Service of Claim Form Extension of Time Dispensing With Service Interpretation of Court Orders Exceptional Circumstances Under CPR 6.16

Case Brief

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Parties

Mrs Alison Lacey

Claimant

Palmers (First Defendant)

First Defendant

Port of London Authority (Second Defendant)

Second Defendant

Procedural Posture

Admiralty Collision Claim (personal Injury/fatal Accident) / Application to Strike Out Claim for Late Service; Application to Dispense With Service

Legal Issues

  1. 1 Whether the court's email of 18 July 2018 extended time for service of the claim form
  2. 2 Whether the court's order of 24 July 2018 determined that time for service was not extended
  3. 3 Whether the court can dispense with service of the claim form under CPR 6.16 in these circumstances

Ratio Decidendi

The court's direction of 18 July 2018 did not extend time for service of the claim form; the claim form was served out of time; and the court has no power to dispense with service under CPR 6.16 in these circumstances, as the claimant's sole remedy was an application under CPR 7.6(3), which was not made.

Court Disposition

Claim struck out for failure to serve claim form in time; applications by defendants granted; claimant's application dismissed.

Orders

  • Claimant's claim struck out as against both defendants.
  • Claimant's application to dispense with service of the claim form dismissed.