Ireland v Dorries [2015] EWHC 2781 (QB) (30 July 2015)

Ireland v Dorries [2015] EWHC 2781 (QB) (30 July 2015)

There was no good reason to retrospectively validate service by post at the Association address; the applicant failed to attempt personal service or to ascertain the respondent's residential address, and did not use available methods to bring the petition to the respondent's attention within the prescribed time. The order for alternative service was set aside and the petition dismissed as a nullity.

Citation
[2015] EWHC 2781
Parties
Applicant: Ireland; Respondent: Dorries
Jurisdiction
England and Wales
Judgment Date
30 July 2015
Procedural Posture
Election Petition / Application to Set Aside Order for Alternative Service and to Dismiss Petition
Outcome
Petition dismissed as a nullity; order for alternative service set aside.
Legal Topics
Service of Process, Election Petition Procedure, Alternative Service, Timeliness of Service
Election Law Civil Procedure Service of Process Election Petition Procedure Alternative Service Timeliness of Service

Case Brief

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Parties

Ireland

Applicant

Dorries

Respondent

Procedural Posture

Election Petition / Application to Set Aside Order for Alternative Service and to Dismiss Petition

Legal Issues

  1. 1 Whether the court has power to authorise alternative service of an election petition under CPR rule 6.15
  2. 2 Whether retrospective validation of service is permissible under CPR rule 6.15(2) given EPR rule 19
  3. 3 Whether there was good reason to validate service by post at the Association address

Ratio Decidendi

There was no good reason to retrospectively validate service by post at the Association address; the applicant failed to attempt personal service or to ascertain the respondent's residential address, and did not use available methods to bring the petition to the respondent's attention within the prescribed time. The order for alternative service was set aside and the petition dismissed as a nullity.

Court Disposition

Petition dismissed as a nullity; order for alternative service set aside.

Orders

  • Order of Master Leslie of 10 June 2015 set aside
  • Petition declared a nullity