Personal Management Solutions Ltd & Ors v Gee 7 Group Ltd & Anor [2016] EWHC 891 (Ch) (06 April 2016)

Personal Management Solutions Ltd & Ors v Gee 7 Group Ltd & Anor [2016] EWHC 891 (Ch) (06 April 2016)

There was no written notification from the defendants' solicitors that they were authorised to accept service of the claim form; therefore, service on them was invalid and the appeal is allowed.

Citation
[2016] EWHC 891 (Ch)
Parties
Claimant/respondent: Personal Management Solutions Limited; Claimant/respondent: Personal Group Benefits Ltd; Claimant/respondent: Personal Assurance plc; Claimant/respondent: Personal Assurance Services Ltd; Defendant/appellant: Gee 7 Group Limited; Defendant/appellant: Gee 7 Wealth Management Ltd
Jurisdiction
England and Wales
Judgment Date
06 April 2016
Procedural Posture
Appeal / Judgment on Appeal From Order of Deputy Master Cousins Dated 21 September 2015
Outcome
Appeal allowed
Legal Topics
Service of Process, Solicitor Authority, Jurisdiction, Interpretation of Correspondence
Civil Procedure Service of Process Solicitor Authority Jurisdiction Interpretation of Correspondence

Case Brief

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Parties

Personal Management Solutions Limited

Claimant/respondent

Personal Group Benefits Ltd

Claimant/respondent

Personal Assurance plc

Claimant/respondent

Personal Assurance Services Ltd

Claimant/respondent

Gee 7 Group Limited

Defendant/appellant

Gee 7 Wealth Management Ltd

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Order of Deputy Master Cousins Dated 21 September 2015

Legal Issues

  1. 1 Whether service of the amended Claim Form and Particulars of Claim on the defendants' solicitors was valid under CPR 6.7(1)
  2. 2 Whether the defendants' solicitors were authorised in writing to accept service of the claim form

Ratio Decidendi

There was no written notification from the defendants' solicitors that they were authorised to accept service of the claim form; therefore, service on them was invalid and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Order of Deputy Master Cousins set aside
  • Service of the amended Claim Form and Particulars of Claim on the defendants' solicitors held invalid