BEC Construction Ltd v Melt Hythe Ltd [2020] EWHC 970 (TCC) (13 March 2020)

BEC Construction Ltd v Melt Hythe Ltd [2020] EWHC 970 (TCC) (13 March 2020)

Service was validly effected by leaving the documents at the Defendant's registered address, and the method of leaving them with a receptionist did not invalidate service. The Defendant failed to provide evidence that the address or method was inappropriate. The application to set aside default judgment fails.

Citation
[2020] EWHC 970 (TCC)
Parties
Claimant/respondent: BEC Construction Limited; Defendant/applicant: Melt Hythe Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2020
Procedural Posture
Application to Set Aside Default Judgment / Hearing of Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment
Civil Procedure Service of Process Default Judgment Setting Aside Judgment

Case Brief

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Parties

BEC Construction Limited

Claimant/respondent

Melt Hythe Limited

Defendant/applicant

Procedural Posture

Application to Set Aside Default Judgment / Hearing of Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether service of the claim form at the defendant's registered address was valid under CPR 6.9
  2. 2 Whether leaving documents with a receptionist at a shared business address constitutes valid service

Ratio Decidendi

Service was validly effected by leaving the documents at the Defendant's registered address, and the method of leaving them with a receptionist did not invalidate service. The Defendant failed to provide evidence that the address or method was inappropriate. The application to set aside default judgment fails.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Default judgment stands
  • Application to set aside is refused