Personal Management Solutions Ltd & Ors v Gee 7 Group Ltd & Anor

Personal Management Solutions Ltd & Ors v Gee 7 Group Ltd & Anor

There was no explicit or implicit written notification from RPC that they were authorised to accept service of the claim form on behalf of G7. The correspondence relied upon by PG did not amount to such notification. Therefore, service of the claim form on RPC was ineffective.

Parties
Claimants/respondents: Personal Management Solutions Limited and Others; Defendants/appellants: Gee 7 Group Limited and Another
Jurisdiction
England and Wales
Judgment Date
06 April 2016
Procedural Posture
Civil Appeal / Appeal From Order of Deputy Master Cousins on Service of Claim Form
Outcome
Appeal allowed
Legal Topics
Service of Process, Solicitor Authority, Jurisdiction
Civil Procedure Service of Process Solicitor Authority Jurisdiction

Case Brief

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Parties

Personal Management Solutions Limited and Others

Claimants/respondents

Gee 7 Group Limited and Another

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Order of Deputy Master Cousins on Service of Claim Form

Legal Issues

  1. 1 Whether correspondence from RPC constituted written notification authorising them to accept service of the claim form under CPR 6.7(1)(b)
  2. 2 Whether service of the amended claim form on RPC was effective

Ratio Decidendi

There was no explicit or implicit written notification from RPC that they were authorised to accept service of the claim form on behalf of G7. The correspondence relied upon by PG did not amount to such notification. Therefore, service of the claim form on RPC was ineffective.

Court Disposition

Appeal allowed

Orders

  • Order of Deputy Master Cousins dated 21 September 2015 set aside
  • Service of the amended claim form on RPC declared ineffective