Kaki v National Private Air Transport Company & Anor [2015] EWCA Civ 731 (13 May 2015)

Kaki v National Private Air Transport Company & Anor [2015] EWCA Civ 731 (13 May 2015)

The steps taken by the claimant to bring the claim form to the attention of the defendant, specifically the September 2012 correspondence, constituted good service under CPR Part 6.15(2), regardless of the application being made after expiry of the claim form validity. The judge's value judgment was correct and not erroneous in principle or outcome.

Citation
[2015] EWCA Civ 731
Parties
Applicant: Kaki; Respondents: National Private Air Transport Company & Anr
Jurisdiction
England and Wales
Judgment Date
13 May 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Service of Claim Form, Retrospective Validation of Service, CPR Part 6.15, CPR Part 7.6(3)
Civil Procedure Commercial Law Service of Claim Form Retrospective Validation of Service CPR Part 6.15 CPR Part 7.6(3)

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Parties

Kaki

Applicant

National Private Air Transport Company & Anr

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether steps taken to bring the claim form to the attention of the defendant amount to good service under CPR Part 6.15(2)
  2. 2 Whether retrospective validation of service is permissible after expiry of the claim form validity period

Ratio Decidendi

The steps taken by the claimant to bring the claim form to the attention of the defendant, specifically the September 2012 correspondence, constituted good service under CPR Part 6.15(2), regardless of the application being made after expiry of the claim form validity. The judge's value judgment was correct and not erroneous in principle or outcome.

Court Disposition

Appeal dismissed

Orders

  • Application dismissed