Murrills v Berlanda & Anor [2014] EWCA Civ 6 (30 January 2014)

Murrills v Berlanda & Anor [2014] EWCA Civ 6 (30 January 2014)

The claim form was not validly served on the First Defendant, as he resided in Italy and had no address for service within the jurisdiction; the Appellant's solicitors should have served him in Italy under CPR 6.41 and the Service Regulation. The court had no discretion to allow service at the Re-Shape address, and there was no justification for an extension of time.

Citation
[2014] EWCA Civ 6
Parties
Claimant/appellant: Mrs Mary Josephine Murrills; First Defendant/respondent: Dr Maurizio Berlanda; Second Defendant: The Belvedere Medical Group Ltd (in liquidation)
Jurisdiction
England and Wales
Judgment Date
30 January 2014
Procedural Posture
Appeal From High Court (queen's Bench Division) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Service of Process, Jurisdiction, Limitation Period, Clinical Negligence
Civil Procedure Personal Injury Service of Process Jurisdiction Limitation Period Clinical Negligence

Case Brief

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Parties

Mrs Mary Josephine Murrills

Claimant/appellant

Dr Maurizio Berlanda

First Defendant/respondent

The Belvedere Medical Group Ltd (in liquidation)

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claim form was validly served on the First Defendant
  2. 2 Whether service within the jurisdiction was proper given the Defendant's residence in Italy
  3. 3 Whether the court had discretion to allow service at the Re-Shape address

Ratio Decidendi

The claim form was not validly served on the First Defendant, as he resided in Italy and had no address for service within the jurisdiction; the Appellant's solicitors should have served him in Italy under CPR 6.41 and the Service Regulation. The court had no discretion to allow service at the Re-Shape address, and there was no justification for an extension of time.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out as against Dr Maurizio Berlanda
  • No need to consider Respondent's notice