Ndole Assets Ltd v Designer M&E Services UK Ltd [2017] EWHC 1148 (TCC) (18 May 2017)

Ndole Assets Ltd v Designer M&E Services UK Ltd [2017] EWHC 1148 (TCC) (18 May 2017)

Service of the Claim Form and Particulars of Claim is a reserved legal activity, but a litigant in person may effect service personally or through an agent; therefore, service by Mr Dain as agent for Ndole was valid. On maintenance/champerty, the evidence is insufficient to grant summary judgment; Ndole has a realistic prospect of defending the claim, so the issue must proceed to trial.

Citation
[2017] EWHC 1148 (TCC)
Parties
Claimant/respondent: Ndole Assets Limited; Defendant/applicant: Designer M&E Services UK Limited
Jurisdiction
England and Wales
Judgment Date
18 May 2017
Procedural Posture
Commercial/construction Dispute / Interlocutory Application for Declaration on Service and Summary Judgment
Outcome
Application dismissed in part; service held valid; summary judgment on maintenance/champerty refused.
Legal Topics
Service of Process, Reserved Legal Activities, Assignment of Claims, Maintenance and Champerty, Summary Judgment
Civil Procedure Commercial Law Construction Law Service of Process Reserved Legal Activities Assignment of Claims Maintenance and Champerty Summary Judgment

Case Brief

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Parties

Ndole Assets Limited

Claimant/respondent

Designer M&E Services UK Limited

Defendant/applicant

Procedural Posture

Commercial/construction Dispute / Interlocutory Application for Declaration on Service and Summary Judgment

Legal Issues

  1. 1 Whether service of the Claim Form and Particulars of Claim by an agent for a litigant in person was unlawful as a reserved legal activity under the Legal Services Act 2007
  2. 2 Whether the claim by Ndole Assets Limited as assignee should be struck out for maintenance/champerty

Ratio Decidendi

Service of the Claim Form and Particulars of Claim is a reserved legal activity, but a litigant in person may effect service personally or through an agent; therefore, service by Mr Dain as agent for Ndole was valid. On maintenance/champerty, the evidence is insufficient to grant summary judgment; Ndole has a realistic prospect of defending the claim, so the issue must proceed to trial.

Court Disposition

Application dismissed in part; service held valid; summary judgment on maintenance/champerty refused.

Orders

  • Service of the Claim Form and Particulars of Claim held valid.
  • Summary judgment on maintenance/champerty refused; issue to proceed to trial.