Jones v Chichester Harbour Conservancy & Ors [2017] EWHC 2270 (QB) (12 September 2017)

Jones v Chichester Harbour Conservancy & Ors [2017] EWHC 2270 (QB) (12 September 2017)

The claim form was validly served because the claimant completed the relevant step required by CPR 7.5 (posting) within the period of validity as extended by court order; the deemed date of service under CPR 6.14 does not affect the validity of service for this purpose.

Citation
[2017] EWHC 2270 (QB)
Parties
Claimant: Lauren Stephanie Paxton Jones; First Defendant: Chichester Harbour Conservancy; Second Defendant: Church Commissioners For England; Third Defendant: Matthew Sawday
Jurisdiction
England and Wales
Judgment Date
12 September 2017
Procedural Posture
Civil (personal Injury) / Interlocutory Application Regarding Validity of Service of Claim Form
Outcome
Application dismissed; declaration that claim form was validly served within its period of validity.
Legal Topics
Service of Claim Form, CPR 6.14, CPR 7.5, Extension of Time for Service, Deemed Date of Service
Civil Procedure Service of Claim Form CPR 6.14 CPR 7.5 Extension of Time for Service Deemed Date of Service

Case Brief

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Parties

Lauren Stephanie Paxton Jones

Claimant

Chichester Harbour Conservancy

First Defendant

Church Commissioners For England

Second Defendant

Matthew Sawday

Third Defendant

Procedural Posture

Civil (personal Injury) / Interlocutory Application Regarding Validity of Service of Claim Form

Legal Issues

  1. 1 Whether the claim form was validly served within its period of validity under CPR 7.5 and 6.14
  2. 2 Interpretation of the interaction between the 'relevant step' for service and the deemed date of service

Ratio Decidendi

The claim form was validly served because the claimant completed the relevant step required by CPR 7.5 (posting) within the period of validity as extended by court order; the deemed date of service under CPR 6.14 does not affect the validity of service for this purpose.

Court Disposition

Application dismissed; declaration that claim form was validly served within its period of validity.

Orders

  • Declaration that the claim form was validly served during its period of validity.