Brooks v AH Brooks & Co (a firm)

Brooks v AH Brooks & Co (a firm)

Service at the firm's address was not technically good service on Mr and Mrs Morris as they no longer carried on business there, but acknowledgment of service by solicitors authorised by Mrs Morris (and thus by all former partners) was effective and binding, waiving defects. The present partners were not liable as they were not partners at the relevant time; it was reasonable for them to participate in the proceedings due to the claimant's conduct, and they are entitled to their costs. Part 20 proceedings against former partners are dismissed except for the contractual indemnity claim against Mrs Morris.

Parties
Claimant: Trevor John Brooks; Defendant: AH Brooks & Co (a Firm); Third Party: Elizabeth Anne Winter Morris; Fourth Party: Paul Winter Morris; Fifth Party: Roger Brooks; Sixth Party: Judith Parkin (Executrix of the will of Stephen Short, Deceased)
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Civil Partnership/professional Negligence / Post Hearing Judgment on Service, Parties, and Costs
Outcome
Claim against present partners not pursued; acknowledgment of service effective on former partners; costs orders made; Part 20 proceedings dismissed except as to indemnity claim against Mrs Morris.
Legal Topics
Service of Process, Partnership Liability, Acknowledgment of Service, Costs Orders, Part 20 Proceedings
Civil Procedure Partnership Law Professional Negligence Service of Process Partnership Liability Acknowledgment of Service Costs Orders Part 20 Proceedings

Case Brief

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Parties

Trevor John Brooks

Claimant

AH Brooks & Co (a Firm)

Defendant

Elizabeth Anne Winter Morris

Third Party

Paul Winter Morris

Fourth Party

Roger Brooks

Fifth Party

Judith Parkin (Executrix of the will of Stephen Short, Deceased)

Sixth Party

Procedural Posture

Civil Partnership/professional Negligence / Post Hearing Judgment on Service, Parties, and Costs

Legal Issues

  1. 1 Whether service of the claim form and particulars of claim was effective on former partners (Mr and Mrs Morris) of an unincorporated firm
  2. 2 Whether present partners (Mr Chiverton and Ms Williamson) are proper parties to the claim and liable for costs
  3. 3 Proper parties to acknowledgment of service in claims against partnerships

Ratio Decidendi

Service at the firm's address was not technically good service on Mr and Mrs Morris as they no longer carried on business there, but acknowledgment of service by solicitors authorised by Mrs Morris (and thus by all former partners) was effective and binding, waiving defects. The present partners were not liable as they were not partners at the relevant time; it was reasonable for them to participate in the proceedings due to the claimant's conduct, and they are entitled to their costs. Part 20 proceedings against former partners are dismissed except for the contractual indemnity claim against Mrs Morris.

Court Disposition

Claim against present partners not pursued; acknowledgment of service effective on former partners; costs orders made; Part 20 proceedings dismissed except as to indemnity claim against Mrs Morris.

Orders

  • Claimant to pay costs of present partners (Mr Chiverton and Ms Williamson) on the standard basis, except as previously ordered for amendments to defence.
  • Part 20 proceedings dismissed except for contractual indemnity claim against Mrs Morris.