Lacey v Palmer Marine Services Ltd & Anor

Lacey v Palmer Marine Services Ltd & Anor

The court held that the email of 18 July 2018 did not extend the time for service of the Claim Form, the Order of 24 July 2018 did not alter the requirement to serve by 20 July 2018, and that CPR 6.16 cannot be used to dispense with service where the Claimant failed to serve in time and did not apply under CPR 7.6(3). There were no exceptional circumstances to justify dispensing with service.

Parties
Claimant: Mrs Alison Lacey (Widow & Executor of the estate of Darren Lacey, deceased); First Defendant: Palmer Marine Services Limited; Second Defendant: The Port of London Authority
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Admiralty (collision Claim, Personal Injury/fatality) / Application to Strike Out Claim for Late Service of Claim Form
Outcome
Claim struck out for late service of Claim Form; Claimant's application dismissed.
Legal Topics
Service of Claim Form, Extension of Time, Dispensing With Service, Interpretation of Court Orders, Limitation Periods
Civil Procedure Admiralty Law Service of Claim Form Extension of Time Dispensing With Service Interpretation of Court Orders Limitation Periods

Case Brief

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Parties

Mrs Alison Lacey (Widow & Executor of the estate of Darren Lacey, deceased)

Claimant

Palmer Marine Services Limited

First Defendant

The Port of London Authority

Second Defendant

Procedural Posture

Admiralty (collision Claim, Personal Injury/fatality) / Application to Strike Out Claim for Late Service of Claim Form

Legal Issues

  1. 1 Did the court's email of 18 July 2018 extend the time for service of the Claim Form?
  2. 2 Did the court's Order of 24 July 2018 determine that time for service was not extended?
  3. 3 Can the court dispense with service of the Claim Form under CPR 6.16 in these circumstances?

Ratio Decidendi

The court held that the email of 18 July 2018 did not extend the time for service of the Claim Form, the Order of 24 July 2018 did not alter the requirement to serve by 20 July 2018, and that CPR 6.16 cannot be used to dispense with service where the Claimant failed to serve in time and did not apply under CPR 7.6(3). There were no exceptional circumstances to justify dispensing with service.

Court Disposition

Claim struck out for late service of Claim Form; Claimant's application dismissed.

Orders

  • The Claimant’s Claim Form dated 20 March 2018 is struck out.
  • The Claimant’s application to dispense with service or dismiss the Defendants’ applications is dismissed.