Weston v Bates & Anor [2012] EWHC 590 (QB) (15 March 2012)

Weston v Bates & Anor [2012] EWHC 590 (QB) (15 March 2012)

Service of a claim form out of the jurisdiction under CPR 6.40(3)(c) is valid if effected by a method permitted by the law of the country of service; there is no requirement under the CPR that the document served be an original or first generation copy sealed by the English court, provided the steps taken bring the claim form to the defendant's attention.

Citation
[2012] EWHC 590 (QB)
Parties
Claimant: Robert Lawrence Weston; First Defendant: Kenneth William Bates; Second Defendant: Leeds United Football Club Ltd
Jurisdiction
England and Wales
Judgment Date
15 March 2012
Procedural Posture
Libel Action / Appeal From Master Mc Cloud's Decision on Validity of Service Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Service of Process, Jurisdiction, Limitation Period, Alternative Service, Interpretation of Civil Procedure Rules
Civil Procedure Defamation Service of Process Jurisdiction Limitation Period Alternative Service Interpretation of Civil Procedure Rules

Case Brief

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Parties

Robert Lawrence Weston

Claimant

Kenneth William Bates

First Defendant

Leeds United Football Club Ltd

Second Defendant

Procedural Posture

Libel Action / Appeal From Master Mc Cloud's Decision on Validity of Service Out of Jurisdiction

Legal Issues

  1. 1 Whether service of a claim form out of the jurisdiction under CPR 6.40(3)(c) requires service of an original sealed claim form or if a copy suffices
  2. 2 Whether compliance with the law of the country of service (Monaco) is sufficient for valid service under English law
  3. 3 Whether failure to serve an original or first generation copy is a procedural error invalidating service

Ratio Decidendi

Service of a claim form out of the jurisdiction under CPR 6.40(3)(c) is valid if effected by a method permitted by the law of the country of service; there is no requirement under the CPR that the document served be an original or first generation copy sealed by the English court, provided the steps taken bring the claim form to the defendant's attention.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Mr Bates is dismissed.
  • The court's jurisdiction over Mr Bates is confirmed.