Power v Meloy Whittle Robinson Solicitors

Power v Meloy Whittle Robinson Solicitors

The steps taken to bring the claim form to the attention of the defendant constituted good service under CPR 6.15(2) due to procedural errors by the court and the defendant's full knowledge of the claim. The appeal was allowed and the claim form deemed served on 18 September 2012.

Parties
Claimant/appellant: Edward Power; Defendant/respondent: Meloy Whittle Robinson Solicitors
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Civil Appeal / Appeal From Leeds County Court, Judgment Delivered by Court of Appeal
Outcome
Appeal allowed
Legal Topics
Service of Claim Form, Limitation Periods, Solicitor Negligence, Case Management Orders, Extension of Time for Service
Civil Procedure Professional Negligence Service of Claim Form Limitation Periods Solicitor Negligence Case Management Orders Extension of Time for Service

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Parties

Edward Power

Claimant/appellant

Meloy Whittle Robinson Solicitors

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Leeds County Court, Judgment Delivered by Court of Appeal

Legal Issues

  1. 1 Whether 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 extend time for service of the claim form under CPR 7.6
  3. 3 Whether the court should dispense with service under CPR 6.16

Ratio Decidendi

The steps taken to bring the claim form to the attention of the defendant constituted good service under CPR 6.15(2) due to procedural errors by the court and the defendant's full knowledge of the claim. The appeal was allowed and the claim form deemed served on 18 September 2012.

Court Disposition

Appeal allowed

Orders

  • Claim form deemed served on defendants on 18 September 2012
  • Directions to be agreed by counsel to ensure swift trial