BEC Construction Ltd v Melt Hythe Ltd

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

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Ruling on Application

  1. 1 Whether service of claim form at the Defendant's registered address via a receptionist constituted valid service under CPR 6.9
  2. 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