Brooks v AH Brooks & Co (a firm) [2010] EWHC 2720 (Ch) (04 November 2010)

Brooks v AH Brooks & Co (a firm) [2010] EWHC 2720 (Ch) (04 November 2010)

Service at the firm's address was not technically good service on former partners who no longer carried on business there, but acknowledgment of service by an authorised person (Kennedys, via insurance authority) was binding and waived defects. The present partners were not liable as they were not partners at the relevant time; their involvement was reasonable due to the claimant's conduct, entitling them to costs. Part 20 proceedings against all but Mrs Morris (for contractual indemnity) were dismissed, with costs orders as specified.

Citation
[2010] EWHC 2720 (Ch)
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 / Interlocutory Judgment on Service, Party Status, and Costs
Outcome
Claim against present partners not pursued; acknowledgment of service by former partners deemed effective; Part 20 proceedings (except against Mrs Morris for indemnity) dismissed.
Legal Topics
Service of Process, Partnership Liability, Acknowledgment of Service, Costs Orders, Part 20 Proceedings
Civil Procedure Partnership Law Service of Process Partnership Liability Acknowledgment of Service Costs Orders Part 20 Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 / Interlocutory Judgment on Service, Party Status, and Costs

Legal Issues

  1. 1 Whether service of the claim form and particulars of claim was effective on former partners (Mrs Morris and Mr Morris) under CPR and Practice Directions
  2. 2 Whether the present partners (Mr Chiverton and Mrs Williamson) are proper parties to the claim and entitled to costs
  3. 3 Proper disposal of Part 20 proceedings and related costs

Ratio Decidendi

Service at the firm's address was not technically good service on former partners who no longer carried on business there, but acknowledgment of service by an authorised person (Kennedys, via insurance authority) was binding and waived defects. The present partners were not liable as they were not partners at the relevant time; their involvement was reasonable due to the claimant's conduct, entitling them to costs. Part 20 proceedings against all but Mrs Morris (for contractual indemnity) were dismissed, with costs orders as specified.

Court Disposition

Claim against present partners not pursued; acknowledgment of service by former partners deemed effective; Part 20 proceedings (except against Mrs Morris for indemnity) dismissed.

Orders

  • Claimant to pay costs of present partners (Mr Chiverton and Mrs Williamson) reasonably incurred in relation to the claim, on the standard basis, subject to previous orders.
  • Part 20 proceedings against all except Mrs Morris dismissed; costs of Part 20 defendants (other than Mr and Mrs Morris) to be paid by present partners and recoverable from claimant.