Collier v Williams

Collier v Williams

Where a defendant nominates a solicitor's address for service, service at that address is valid without written confirmation of authority unless personal service is required. 'Solicitor acting' for CPR 6.5(6) means a solicitor authorised to accept service. 'Last known residence' requires actual or constructively known residence, not mere belief. Courts have jurisdiction to reconsider without notice paper applications under CPR 3.3(5) if made under CPR 23.8(c), but repeat applications without new material are abusive. Extensions of time for service under CPR 7.6(2) require a good reason for failure to serve; mere solicitor error or unreasonable assumptions do not suffice.

Parties
Appellant: Collier; Respondent: Williams; Appellant: Marshall Rankine & Anr; Respondent: Maggs; Appellant: Leeson; Respondent: Marsden & Anr; Appellant: Glass; Respondent: Surrendran
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Multiple Joined Appeals
Outcome
All appeals dismissed except Glass v Surrendran, where the defendant's appeal was allowed.
Legal Topics
Service of Process, Extension of Time, Civil Procedure Rules (cpr), Interpretation of CPR 6.4, 6.5, 7.6, Without Notice Applications, Jurisdiction to Reconsider Orders
Civil Procedure Service of Process Extension of Time Civil Procedure Rules (cpr) Interpretation of CPR 6.4, 6.5, 7.6 Without Notice Applications Jurisdiction to Reconsider Orders

Case Brief

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Parties

Collier

Appellant

Williams

Respondent

Marshall Rankine & Anr

Appellant

Maggs

Respondent

Leeson

Appellant

Marsden & Anr

Respondent

Glass

Appellant

Surrendran

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Multiple Joined Appeals

Legal Issues

  1. 1 Proper construction of CPR 6.4(2) and 6.5 regarding service on solicitors
  2. 2 Meaning of 'solicitor acting' and 'last known residence' under CPR 6.5(6)
  3. 3 Jurisdiction to reconsider without notice paper applications under CPR 3.3(5) and 3.1(7)

Ratio Decidendi

Where a defendant nominates a solicitor's address for service, service at that address is valid without written confirmation of authority unless personal service is required. 'Solicitor acting' for CPR 6.5(6) means a solicitor authorised to accept service. 'Last known residence' requires actual or constructively known residence, not mere belief. Courts have jurisdiction to reconsider without notice paper applications under CPR 3.3(5) if made under CPR 23.8(c), but repeat applications without new material are abusive. Extensions of time for service under CPR 7.6(2) require a good reason for failure to serve; mere solicitor error or unreasonable assumptions do not suffice.

Court Disposition

All appeals dismissed except Glass v Surrendran, where the defendant's appeal was allowed.

Orders

  • Appeal in Collier v Williams dismissed; service on nominated solicitor valid.
  • Appeal in Marshall and Rankine v Maggs dismissed; no good service at address never resided at, no extension of time granted.