BEC Construction Ltd v Melt Hythe Ltd
Service at the Defendant's registered address, whether by leaving documents on the reception desk or with the receptionist, constitutes valid service under CPR 6.9; absence of evidence distinguishing between 'right' and 'wrong' place within the address is fatal to the Defendant's argument.
- Parties
- Claimant: Claimant; Defendant: Defendant
- Jurisdiction
- England and Wales
- Judgment Date
- 13 March 2020
- Procedural Posture
- Application to Set Aside Default Judgment / Ruling on Application
- Outcome
- application dismissed
- Legal Topics
- Service of Process, Default Judgment, Company Law
Case Brief
Summary, issues, holding and outcome
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Parties
Claimant
Claimant
Defendant
Defendant
Procedural Posture
Application to Set Aside Default Judgment / Ruling on Application
Legal Issues
- 1 Whether service of claim form at the Defendant's registered address via a receptionist constituted valid service under CPR 6.9
- 2 Whether default judgment should be set aside for invalid service
Ratio Decidendi
Service at the Defendant's registered address, whether by leaving documents on the reception desk or with the receptionist, constitutes valid service under CPR 6.9; absence of evidence distinguishing between 'right' and 'wrong' place within the address is fatal to the Defendant's argument.
Court Disposition
application dismissed
Orders
- application to set aside default judgment is refused
Full Case Text
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