Wilton UK Ltd v Shuttleworth & Ors

Wilton UK Ltd v Shuttleworth & Ors

Service of the claim form and particulars of claim without prior court permission under Companies Act 2006 is invalid, but the court has jurisdiction to retrospectively validate such service if consistent with statutory purpose; CPR 3.10 does not apply to statutory requirements.

Parties
Claimant: Wilton UK Limited; Defendant: John Michael Shuttleworth; Defendant: Graham Smith; Defendant: Harry James Banks; Defendant: The Banks Group Limited; Defendant: Banks Mount Oswald Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2017
Procedural Posture
Derivative Claim / Preliminary Issue Judgment on Validity of Service and Retrospective Validation
Outcome
Service not valid but court has jurisdiction to retrospectively validate; applications adjourned for further argument.
Legal Topics
Derivative Actions, Service of Process, Permission to Continue Proceedings, Retrospective Validation, Statutory Interpretation
Company Law Civil Procedure Derivative Actions Service of Process Permission to Continue Proceedings Retrospective Validation Statutory Interpretation

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Parties

Wilton UK Limited

Claimant

John Michael Shuttleworth

Defendant

Graham Smith

Defendant

Harry James Banks

Defendant

The Banks Group Limited

Defendant

Banks Mount Oswald Limited

Defendant

Procedural Posture

Derivative Claim / Preliminary Issue Judgment on Validity of Service and Retrospective Validation

Legal Issues

  1. 1 Is service of claim form and particulars of claim valid without prior court permission under Companies Act 2006?
  2. 2 Can the court retrospectively validate service in a derivative claim where permission was not obtained before service?
  3. 3 Does CPR 3.10 apply to statutory requirements for permission in derivative claims?

Ratio Decidendi

Service of the claim form and particulars of claim without prior court permission under Companies Act 2006 is invalid, but the court has jurisdiction to retrospectively validate such service if consistent with statutory purpose; CPR 3.10 does not apply to statutory requirements.

Court Disposition

Service not valid but court has jurisdiction to retrospectively validate; applications adjourned for further argument.

Orders

  • Applications adjourned for further argument on exercise of discretion and consequential matters.
  • Time for filing notice of appeal to be extended to align with final resolution of applications.