MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor

MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor

MBGB failed to establish valid service of the claim form or particulars of claim, did not provide sufficient evidence or explanation for delay, and did not show good reason for alternative service or extension of time. The application is dismissed.

Source-derived case information.

Parties
Claimant: MB Garden Buildings Limited; Defendant: Mark Burton Construction Limited; Defendant: Mark Burton
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Intellectual Property Infringement / Ruling on Application for Validation of Service and Extension of Time
Outcome
Application dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Service of Process, Extension of Time, Default Judgment
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Service of Process Extension of Time Default Judgment

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Parties

MB Garden Buildings Limited

Claimant

Mark Burton Construction Limited

Defendant

Mark Burton

Defendant

Procedural Posture

Intellectual Property Infringement / Ruling on Application for Validation of Service and Extension of Time

Legal Issues

  1. 1 Whether service of claim form and particulars of claim was valid
  2. 2 Whether extension of time for service should be granted
  3. 3 Whether alternative service under CPR 6.15 and 6.27 should be allowed

Ratio Decidendi

MBGB failed to establish valid service of the claim form or particulars of claim, did not provide sufficient evidence or explanation for delay, and did not show good reason for alternative service or extension of time. The application is dismissed.

Court Disposition

Application dismissed