Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

The Claimant failed to serve the Claim Form in accordance with the Civil Procedure Rules within the four-month period. Service by email and on solicitors was invalid as the necessary consents and authorisations were not obtained. The Claimant did not take all reasonable steps to serve within time, provided no good reason for delay, and did not act promptly. There was no basis for extension of time, validation of alternative service, dispensing with service, or relief from sanction. The claim is dismissed for lack of valid service and expiry of the limitation period.

Citation
[2020] EWHC 1708 (QB)
Parties
Claimant: Dr Theodore Piepenbrock; First Defendant: Associated Newspapers Limited (DMG Media) of Daily Mail General Trust plc; Second Defendant: The London School of Economics and Political Science; Third Defendant: Joanne Hay
Jurisdiction
England and Wales
Judgment Date
01 July 2020
Procedural Posture
High Court Civil Claim (defamation, Malicious Falsehood) / Application to Set Aside for Lack of Valid Service; Applications for Extension of Time, Alternative Service, Relief From Sanction, and Summary Judgment
Outcome
Claim dismissed for lack of valid service and expiry of limitation period.
Legal Topics
Service of Claim Form, Extension of Time, Alternative Service, Relief From Sanction, Limitation Periods, Defamation, Malicious Falsehood
Civil Procedure Media Law Defamation Service of Claim Form Extension of Time Alternative Service Relief From Sanction Limitation Periods +1 more

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Parties

Dr Theodore Piepenbrock

Claimant

Associated Newspapers Limited (DMG Media) of Daily Mail General Trust plc

First Defendant

The London School of Economics and Political Science

Second Defendant

Joanne Hay

Third Defendant

Procedural Posture

High Court Civil Claim (defamation, Malicious Falsehood) / Application to Set Aside for Lack of Valid Service; Applications for Extension of Time, Alternative Service, Relief From Sanction, and Summary Judgment

Legal Issues

  1. 1 Whether the Claimant validly served the Claim Form within the required period under the Civil Procedure Rules
  2. 2 Whether the Claimant should be granted an extension of time for service under CPR 7.6
  3. 3 Whether the Court should validate alternative service under CPR 6.15

Ratio Decidendi

The Claimant failed to serve the Claim Form in accordance with the Civil Procedure Rules within the four-month period. Service by email and on solicitors was invalid as the necessary consents and authorisations were not obtained. The Claimant did not take all reasonable steps to serve within time, provided no good reason for delay, and did not act promptly. There was no basis for extension of time, validation of alternative service, dispensing with service, or relief from sanction. The claim is dismissed for lack of valid service and expiry of the limitation period.

Court Disposition

Claim dismissed for lack of valid service and expiry of limitation period.

Orders

  • Claimant's applications for extension of time, alternative service, dispensing with service, relief from sanction, and summary judgment are refused.
  • Declaration that the Court has no jurisdiction to hear the claim.