Planetree Nominees Ltd & Anor v Howard Kennedy LLP

Planetree Nominees Ltd & Anor v Howard Kennedy LLP

The claimants failed to serve the claim form in accordance with the CPR as the partnership had no current place of business and no reasonable steps were taken to ascertain the addresses of the individual partners. There was no good reason to retrospectively validate service under CPR 6.15(2) as the claimants provided no explanation for the delay or failure to serve properly.

Parties
Claimant: Planetree Nominees Ltd; Claimant: Mark Lorimer; Defendant: Howard Kennedy LLP
Jurisdiction
England and Wales
Judgment Date
06 September 2016
Procedural Posture
Civil / Interlocutory Application on Service and Jurisdiction
Outcome
Defendant's application granted; claimants' application dismissed.
Legal Topics
Service of Process, Jurisdiction, Partnership Law, Retrospective Validation of Service
Civil Procedure Service of Process Jurisdiction Partnership Law Retrospective Validation of Service

Case Brief

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Parties

Planetree Nominees Ltd

Claimant

Mark Lorimer

Claimant

Howard Kennedy LLP

Defendant

Procedural Posture

Civil / Interlocutory Application on Service and Jurisdiction

Legal Issues

  1. 1 Whether the claim form was validly served on the defendant partnership
  2. 2 Whether the court should retrospectively validate service under CPR 6.15(2)

Ratio Decidendi

The claimants failed to serve the claim form in accordance with the CPR as the partnership had no current place of business and no reasonable steps were taken to ascertain the addresses of the individual partners. There was no good reason to retrospectively validate service under CPR 6.15(2) as the claimants provided no explanation for the delay or failure to serve properly.

Court Disposition

Defendant's application granted; claimants' application dismissed.

Orders

  • Declaration that service has not taken place; precise terms to be discussed with counsel.
  • Claimants' application for retrospective validation of service dismissed.