MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

The claimant failed to effect valid service of the claim form and particulars of claim on the second defendant within the prescribed period, failed to provide sufficient evidence or justification for retrospective extension of time or alternative service, and the court was bound by an earlier unappealed finding that service had not been effected.

Citation
[2014] EWHC 431 (IPEC)
Parties
Claimant: MB Garden Buildings Limited; First Defendant: Mark Burton Construction Limited; Second Defendant: Mark Burton
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Intellectual Property Infringement (trade Mark and Passing Off) / Interlocutory Application Regarding Service of Claim Form and Particulars of Claim
Outcome
Application dismissed
Legal Topics
Service of Process, Extension of Time, Registered Trade Mark Infringement, Passing Off, Retrospective Orders
Civil Procedure Intellectual Property Service of Process Extension of Time Registered Trade Mark Infringement Passing Off Retrospective Orders

Case Brief

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Parties

MB Garden Buildings Limited

Claimant

Mark Burton Construction Limited

First Defendant

Mark Burton

Second Defendant

Procedural Posture

Intellectual Property Infringement (trade Mark and Passing Off) / Interlocutory Application Regarding Service of Claim Form and Particulars of Claim

Legal Issues

  1. 1 Whether there was valid service of the claim form and particulars of claim on the second defendant
  2. 2 Whether time for service should be retrospectively extended
  3. 3 Whether alternative service should be permitted under CPR 6.15 and 6.27

Ratio Decidendi

The claimant failed to effect valid service of the claim form and particulars of claim on the second defendant within the prescribed period, failed to provide sufficient evidence or justification for retrospective extension of time or alternative service, and the court was bound by an earlier unappealed finding that service had not been effected.

Court Disposition

Application dismissed

Orders

  • No order for service of claim form or particulars of claim; application for retrospective extension and alternative service refused