London Borough of Ealing v Persons Unknown [2021] EWHC 2132 (QB) (13 July 2021)

London Borough of Ealing v Persons Unknown [2021] EWHC 2132 (QB) (13 July 2021)

The claimant did not make any application for alternative service of the claim form as required by CPR 6.15, nor did it provide supporting evidence or comply with the mandatory requirements of CPR 6.15(4). CPR 3.10 cannot be used to remedy the failure to make an application required by the rules. The claim form was not served within the required period and is now invalid. The proceedings cannot continue, nor can parties be added or amendments made.

Citation
[2021] EWHC 2132
Parties
Claimant: London Borough of Ealing; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
13 July 2021
Procedural Posture
Part 8 Claim (civil Injunction) / Application to Validate Alternative Service and Continue Proceedings After Procedural Defects
Outcome
Application refused; proceedings dismissed.
Legal Topics
Alternative Service, Persons Unknown Defendants, Interim Injunctions, Civil Procedure Rules (cpr), Service of Claim Form
Civil Procedure Injunctions Local Government Law Alternative Service Persons Unknown Defendants Interim Injunctions Civil Procedure Rules (cpr) Service of Claim Form

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Parties

London Borough of Ealing

Claimant

Persons Unknown

Defendant

Procedural Posture

Part 8 Claim (civil Injunction) / Application to Validate Alternative Service and Continue Proceedings After Procedural Defects

Legal Issues

  1. 1 Whether the court should validate alternative service of the claim form despite non-compliance with CPR 6.15(4)
  2. 2 Whether CPR 3.10 can be used to remedy the failure to apply for alternative service
  3. 3 Whether the proceedings can continue or be amended to add named defendants after failure to serve the claim form

Ratio Decidendi

The claimant did not make any application for alternative service of the claim form as required by CPR 6.15, nor did it provide supporting evidence or comply with the mandatory requirements of CPR 6.15(4). CPR 3.10 cannot be used to remedy the failure to make an application required by the rules. The claim form was not served within the required period and is now invalid. The proceedings cannot continue, nor can parties be added or amendments made.

Court Disposition

Application refused; proceedings dismissed.

Orders

  • The injunction order of 10 May 2019 is discharged.
  • The claimant must remove all copies of the injunction order from the sites at which it has been displayed.