Brayshaw v Partners Of Apsley Surgery & Anor

Brayshaw v Partners Of Apsley Surgery & Anor

The claimant failed to take reasonable steps to ascertain the second defendant’s address for service, particularly by not applying to the court for disclosure of contact details from the GMC. As a result, service was irregular and the second defendant is entitled to have the judgment against him set aside.

Parties
Claimant/respondent: Sally Brayshaw; First Defendant: Partners of Apsley Surgery; Second Defendant/applicant: Thomas O’Brien
Jurisdiction
England and Wales
Judgment Date
13 March 2019
Procedural Posture
Civil / Application to Set Aside Judgment
Outcome
Application granted in part
Legal Topics
Service of Process, Setting Aside Judgment, Irregular Judgment, CPR 6.9, CPR 39.3
Civil Procedure Service of Process Setting Aside Judgment Irregular Judgment CPR 6.9 CPR 39.3

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Parties

Sally Brayshaw

Claimant/respondent

Partners of Apsley Surgery

First Defendant

Thomas O’Brien

Second Defendant/applicant

Procedural Posture

Civil / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether reasonable steps were taken to serve the second defendant under CPR 6.9
  2. 2 Whether the judgment against the second defendant was irregular due to improper service
  3. 3 Whether the judgment should be set aside in whole or in part

Ratio Decidendi

The claimant failed to take reasonable steps to ascertain the second defendant’s address for service, particularly by not applying to the court for disclosure of contact details from the GMC. As a result, service was irregular and the second defendant is entitled to have the judgment against him set aside.

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) not set aside