Caretech Community Services Ltd v Oakden & Ors [2017] EWHC 1944 (QB) (31 July 2017)

Caretech Community Services Ltd v Oakden & Ors [2017] EWHC 1944 (QB) (31 July 2017)

CPR 6.15(2) does not permit retrospective validation of service where delivery was expressly stated to be 'for information' and not for service. The court must hold parties to their word; steps taken solely for information are incompatible with service. Even if the claim form and its contents came to the defendant's attention, there is no 'good reason' to validate service when the claimant could have served properly and expressly disavowed service.

Citation
[2017] EWHC 1944 (QB)
Parties
Claimant: Caretech Community Services Ltd; Defendant: Mr Russell Stanley Oakden; Defendant: Allcare Community Care Services Limited; Defendant: Mrs Lisa Berry
Jurisdiction
England and Wales
Judgment Date
31 July 2017
Procedural Posture
Application Under CPR 6.15(2) / Post Trial, Application Following Setting Aside of Default Judgment
Outcome
Application dismissed
Legal Topics
Service of Claim Form, CPR 6.15(2), Validation of Service, Mis Service Vs Non Service, Good Reason Test
Civil Procedure Service of Claim Form CPR 6.15(2) Validation of Service Mis Service Vs Non Service Good Reason Test

Case Brief

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Parties

Caretech Community Services Ltd

Claimant

Mr Russell Stanley Oakden

Defendant

Allcare Community Care Services Limited

Defendant

Mrs Lisa Berry

Defendant

Procedural Posture

Application Under CPR 6.15(2) / Post Trial, Application Following Setting Aside of Default Judgment

Legal Issues

  1. 1 Whether CPR 6.15(2) allows retrospective validation of service where delivery was expressly 'for information' and not for service
  2. 2 Whether the court's power under CPR 6.15(2) covers both method and place defects simultaneously
  3. 3 Whether there is 'good reason' to validate service in the circumstances

Ratio Decidendi

CPR 6.15(2) does not permit retrospective validation of service where delivery was expressly stated to be 'for information' and not for service. The court must hold parties to their word; steps taken solely for information are incompatible with service. Even if the claim form and its contents came to the defendant's attention, there is no 'good reason' to validate service when the claimant could have served properly and expressly disavowed service.

Court Disposition

Application dismissed

Orders

  • No retrospective validation of service under CPR 6.15(2)
  • Claimant may re-issue proceedings if desired