Key Homes Bradford Ltd & Ors v Patel [2014] EWHC B1 (Ch) (10 January 2014)

Key Homes Bradford Ltd & Ors v Patel [2014] EWHC B1 (Ch) (10 January 2014)

Service on the Defendant was validly effected under section 1140 Companies Act 2006 by delivery of the claim form and associated documents at the registered service addresses in England, regardless of the Defendant's actual residence abroad. Alternatively, service at Romford was valid as it was the Defendant's last known residence to the Claimants. Exceptional circumstances justified alternative service under CPR 6.15 if required.

Citation
[2014] EWHC B1 (Ch)
Parties
Claimant: [Claimants: Names not specified in extract]; Defendant: [Defendant: Mr Patel]
Jurisdiction
England and Wales
Judgment Date
10 January 2014
Procedural Posture
Civil / Interlocutory Application (service of Claim Form and Alternative Service)
Outcome
Defendant's application dismissed; declaration that Defendant was served on 13 September 2013.
Legal Topics
Service of Process, Directors' Service Address, Companies Act 2006 Section 1140, Alternative Service Under CPR 6.15, Jurisdiction
Civil Procedure Company Law Service of Process Directors' Service Address Companies Act 2006 Section 1140 Alternative Service Under CPR 6.15 Jurisdiction

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Parties

[Claimants: Names not specified in extract]

Claimant

[Defendant: Mr Patel]

Defendant

Procedural Posture

Civil / Interlocutory Application (service of Claim Form and Alternative Service)

Legal Issues

  1. 1 Whether service of the claim form on the Defendant was valid under section 1140 Companies Act 2006
  2. 2 Whether service was valid at the Defendant's usual or last known residence under CPR 6.9(2)
  3. 3 Whether alternative service should be permitted under CPR 6.15

Ratio Decidendi

Service on the Defendant was validly effected under section 1140 Companies Act 2006 by delivery of the claim form and associated documents at the registered service addresses in England, regardless of the Defendant's actual residence abroad. Alternatively, service at Romford was valid as it was the Defendant's last known residence to the Claimants. Exceptional circumstances justified alternative service under CPR 6.15 if required.

Court Disposition

Defendant's application dismissed; declaration that Defendant was served on 13 September 2013.

Orders

  • Defendant's application to set aside service dismissed.
  • Declaration that Defendant was served with the claim on 13 September 2013.