Ellison Road Limited v Khurram Mian t/a HKH Kenwright & Cox Solicitors & Anor

Ellison Road Limited v Khurram Mian t/a HKH Kenwright & Cox Solicitors & Anor

An individual sued 'trading as' a business is being sued in the name of a business for CPR purposes, and service may be effected at their principal or last known place of business. The claimant took reasonable steps to ascertain the current business address via SRA website, and valid service was effected at that address.

Parties
Claimant: Ellison Road Limited; First Defendant: Khurram Mian t/a HKH Kenwright & Cox Solicitors; Second Defendant: Moriarty Law Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Professional Negligence Claim / Ruling on Validity of Service of Claim Form and Related Applications
Outcome
First defendant's application dismissed; claim form validly served.
Legal Topics
Service of Claim Form, CPR Rule 6.9, CPR Rule 6.15, Limitation Period, Solicitors Regulation Authority, Business Name Litigation
Civil Procedure Professional Negligence Service of Claim Form CPR Rule 6.9 CPR Rule 6.15 Limitation Period Solicitors Regulation Authority Business Name Litigation

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Parties

Ellison Road Limited

Claimant

Khurram Mian t/a HKH Kenwright & Cox Solicitors

First Defendant

Moriarty Law Limited

Second Defendant

Procedural Posture

Professional Negligence Claim / Ruling on Validity of Service of Claim Form and Related Applications

Legal Issues

  1. 1 Whether service of claim form on first defendant was valid under CPR rule 6.9
  2. 2 Whether an individual sued 'trading as' a business is sued in the name of a business for CPR purposes
  3. 3 Whether reasonable steps were taken to ascertain defendant's current business address

Ratio Decidendi

An individual sued 'trading as' a business is being sued in the name of a business for CPR purposes, and service may be effected at their principal or last known place of business. The claimant took reasonable steps to ascertain the current business address via SRA website, and valid service was effected at that address.

Court Disposition

First defendant's application dismissed; claim form validly served.

Orders

  • Claimant effected good service of the claim form on the first defendant.
  • If necessary, steps taken by claimant to bring claim form to defendant's attention would be validated under CPR rule 6.15(2).