Kamali v City & Country Properties Ltd

Kamali v City & Country Properties Ltd

Service of the claim form at the defendant's place of business within the jurisdiction was valid under CPR 6.2 and 6.5(6) even though the defendant was abroad at the time. The principle that a defendant must be present in the jurisdiction at the time of service no longer applies under the Civil Procedure Rules. The appellant had no real prospect of defending the claim and did not apply promptly to set aside the default judgment; therefore, the appeal is dismissed.

Parties
Claimant/respondent: Behzad Kamali; Defendant/appellant: City & Country Properties Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal
Outcome
Appeal dismissed
Legal Topics
Service of Process, Default Judgment, Jurisdiction, Interpretation of Civil Procedure Rules
Civil Procedure Service of Process Default Judgment Jurisdiction Interpretation of Civil Procedure Rules

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Parties

Behzad Kamali

Claimant/respondent

City & Country Properties Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal

Legal Issues

  1. 1 Whether service of a claim form at a defendant's place of business within the jurisdiction is valid when the defendant is temporarily abroad at the time of service under CPR 6.2 and 6.5(6)
  2. 2 Whether the principle that a defendant must be present in the jurisdiction at the time of service survives under the Civil Procedure Rules

Ratio Decidendi

Service of the claim form at the defendant's place of business within the jurisdiction was valid under CPR 6.2 and 6.5(6) even though the defendant was abroad at the time. The principle that a defendant must be present in the jurisdiction at the time of service no longer applies under the Civil Procedure Rules. The appellant had no real prospect of defending the claim and did not apply promptly to set aside the default judgment; therefore, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Default judgment stands