Brayshaw v Partners Of Apsley Surgery & Anor [2019] EWHC 889 (QB) (13 March 2019)

Reasonable steps were not taken by the claimant to ascertain the second defendant's address for service, particularly given the possibility of obtaining contact details from the GMC via court order. The judgment was irregular due to improper service, entitling the second defendant to have it set aside.

Citation: [2019] EWHC 889 (QB)
Parties: Claimant/respondent: Sally Brayshaw; First Defendant/applicant: Partners of Apsley Surgery; Second Defendant/applicant: Thomas O'Brien
Jurisdiction: England and Wales
Judgment Date: 13 March 2019
Procedural Posture: Application to Set Aside Judgment / Post Trial, Application to Set Aside Order
Outcome: Application granted in part
Legal Topics: Service of Proceedings, Setting Aside Judgment, CPR 6.9, CPR 39.3

Civil Procedure Service of Proceedings Setting Aside Judgment CPR 6.9 CPR 39.3

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Parties

Sally Brayshaw

Claimant/respondent

Partners of Apsley Surgery

First Defendant/applicant

Thomas O'Brien

Second Defendant/applicant

Procedural Posture

Application to Set Aside Judgment / Post Trial, Application to Set Aside Order

Legal Issues

1 Whether reasonable steps were taken to ascertain the second defendant's address for service under CPR 6.9
2 Whether the judgment was irregular due to improper service
3 Whether the applicant acted promptly, had a good reason for not attending, and had a reasonable prospect of success under CPR 39.3(5)

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Judgment against the second defendant (Thomas O'Brien) set aside
Judgment in favour of the first defendant (Partners of Apsley Surgery) not set aside