Wilkey v BBC & Anor [2002] EWCA Civ 1561 (22 October 2002)

Wilkey v BBC & Anor [2002] EWCA Civ 1561 (22 October 2002)

In pre-Anderton category 2 cases, where the claim form was actually received by the defendant within the permitted period but deemed served out of time, the court should ordinarily exercise its discretion to dispense with service under rule 6.9 unless the defendant can show prejudice or other good reason. In this case, no such prejudice or good reason was shown, so the appeal was allowed and the claim permitted to proceed.

Citation
[2002] EWCA Civ 1561
Parties
Claimant/appellant: Andrew Wilkey; Claimant/appellant: DAS Systems Limited; Defendant/respondent: British Broadcasting Corporation; Defendant/respondent: Christopher Moyles
Jurisdiction
England and Wales
Judgment Date
22 October 2002
Procedural Posture
Appeal From High Court (queen's Bench Division) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Service of Claim Forms, CPR Parts 6 and 7, Dispensing With Service, Limitation Period, Libel, Malicious Falsehood
Civil Procedure Defamation Service of Claim Forms CPR Parts 6 and 7 Dispensing With Service Limitation Period Libel Malicious Falsehood

Case Brief

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Parties

Andrew Wilkey

Claimant/appellant

DAS Systems Limited

Claimant/appellant

British Broadcasting Corporation

Defendant/respondent

Christopher Moyles

Defendant/respondent

Procedural Posture

Appeal From High Court (queen's Bench Division) / Appeal Judgment

Legal Issues

  1. 1 Whether the court should exercise its discretion under CPR rule 6.9 to dispense with service of the claim form in a 'category 2' case where the claim form was received in time but deemed served out of time under the rules.

Ratio Decidendi

In pre-Anderton category 2 cases, where the claim form was actually received by the defendant within the permitted period but deemed served out of time, the court should ordinarily exercise its discretion to dispense with service under rule 6.9 unless the defendant can show prejudice or other good reason. In this case, no such prejudice or good reason was shown, so the appeal was allowed and the claim permitted to proceed.

Court Disposition

Appeal allowed

Orders

  • No order for costs in respect of the hearing before the district judge.
  • Appellants to pay respondents' costs as assessed by Gray J in respect of the hearing before him.