Ndole Assets Ltd v Designer M&E Services UK Ltd

Ndole Assets Ltd v Designer M&E Services UK Ltd

Service of the Claim Form and Particulars of Claim by an agent for a litigant in person is lawful and valid; summary judgment for maintenance/champerty cannot be granted at this stage as the evidence does not conclusively show lack of genuine commercial interest.

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 for declaration of invalid service and summary judgment dismissed.
Legal Topics
Service of Process, Assignment of Claims, Maintenance and Champerty, Summary Judgment
Civil Procedure Contract Law Service of Process Assignment of Claims Maintenance and Champerty Summary Judgment

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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 was unlawful and invalid under the Legal Services Act 2007
  2. 2 Whether the claim should be struck out for invalid service
  3. 3 Whether summary judgment should be granted for maintenance/champerty due to lack of genuine commercial interest in the assigned claim

Ratio Decidendi

Service of the Claim Form and Particulars of Claim by an agent for a litigant in person is lawful and valid; summary judgment for maintenance/champerty cannot be granted at this stage as the evidence does not conclusively show lack of genuine commercial interest.

Court Disposition

Application for declaration of invalid service and summary judgment dismissed.

Orders

  • Proper service was effected; claim not struck out.
  • Summary judgment for maintenance/champerty refused; issue to proceed to trial.