Ashley & Ors vTesco Stores & Ors

Ashley & Ors vTesco Stores & Ors

Service on a Scottish registered office under section 1139 of the Companies Act 2006 is a method permitted by section II of Part 6 of the CPR, entitling the claimant to a six-month period for service under CPR 7.5(2).

Parties
Appellant: Ashley & Ors; Respondent: Tesco Stores & Ors
Jurisdiction
England and Wales
Judgment Date
15 January 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal granted
Legal Topics
Service of Process, Companies Act 2006, Civil Procedure Rules, Jurisdiction
Civil Procedure Service of Process Companies Act 2006 Civil Procedure Rules Jurisdiction

Case Brief

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Parties

Ashley & Ors

Appellant

Tesco Stores & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 What is the applicable time limit for service out of the jurisdiction on a Scottish company under section 1139 of the Companies Act 2006?
  2. 2 Does service on a Scottish registered office constitute service out of the jurisdiction entitling the claimant to six months under CPR 7.5(2)?

Ratio Decidendi

Service on a Scottish registered office under section 1139 of the Companies Act 2006 is a method permitted by section II of Part 6 of the CPR, entitling the claimant to a six-month period for service under CPR 7.5(2).

Court Disposition

Appeal granted

Orders

  • The appeal is allowed; the period for service was six months as provided in CPR 7.5(2).