Barton v Wright Hassall Solicitors Llp

Barton v Wright Hassall Solicitors Llp

Permission to appeal is granted because recent authorities suggest the judge's discretion regarding service may have been exercised on a wrong basis, and the principles under CPR 6.15(2) have arguably been relaxed.

Parties
Appellant: Barton; Respondent: Wright Hassall Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Civil Appeal / Permission to Appeal Granted
Outcome
permission to appeal granted
Legal Topics
Service of Process, CPR 6.15(2), Alternative Service
Civil Procedure Service of Process CPR 6.15(2) Alternative Service

Case Brief

Summary, issues, holding and outcome

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Parties

Barton

Appellant

Wright Hassall Solicitors LLP

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether ineffective service by email should be deemed good service under CPR 6.15(2)
  2. 2 Whether the judge exercised discretion on a wrong basis regarding service

Ratio Decidendi

Permission to appeal is granted because recent authorities suggest the judge's discretion regarding service may have been exercised on a wrong basis, and the principles under CPR 6.15(2) have arguably been relaxed.

Court Disposition

permission to appeal granted

Orders

  • permission to appeal is granted