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

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 as required by CPR 6.9; the judgment against the second defendant was irregular and must be set aside, but the judgment in favour of the first defendant remains unaffected.

Citation
[2019] EWHC 889
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 Judgment
Outcome
Application granted in part
Legal Topics
Service of Process, Setting Aside Judgment, CPR 6.9, CPR 39.3
Civil Procedure Service of Process 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 Judgment

Legal Issues

  1. 1 Whether reasonable steps were taken to ascertain the second defendant's address for service under CPR 6.9
  2. 2 Whether the judgment was irregular due to improper service
  3. 3 Whether the second defendant has an absolute right to set aside the judgment

Ratio Decidendi

Reasonable steps were not taken by the claimant to ascertain the second defendant's address for service as required by CPR 6.9; the judgment against the second defendant was irregular and must be set aside, but the judgment in favour of the first defendant remains unaffected.

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) remains