Mersey Docks Property Holdings & Ors v Kilgour

Mersey Docks Property Holdings & Ors v Kilgour

Claimants failed to take all reasonable steps to ascertain and serve the claim form at the fourth defendant's last known place of business, and did not act promptly in seeking extension of time; therefore, service was not valid under CPR Part 6.5 and extension of time was not justified.

Parties
Claimant: Mersey Docks Property Holdings Ltd.; Claimant: Spade Lane Cool Stores Ltd.; Claimant: Sheerness Cool Stores Ltd.; Fourth Defendant: Michael Kilgour
Jurisdiction
England and Wales
Judgment Date
25 June 2004
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
Claimants did not validly serve the claim form on the fourth defendant.
Legal Topics
Service of Claim Form, Extension of Time, Assignment of Claims
Civil Procedure Service of Claim Form Extension of Time Assignment of Claims

Case Brief

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Parties

Mersey Docks Property Holdings Ltd.

Claimant

Spade Lane Cool Stores Ltd.

Claimant

Sheerness Cool Stores Ltd.

Claimant

Michael Kilgour

Fourth Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Meaning of 'last known place of business' under CPR Part 6.5(6)
  2. 2 Imputation of assignor's knowledge to assignee
  3. 3 Principles for extension of time under CPR 7.6

Ratio Decidendi

Claimants failed to take all reasonable steps to ascertain and serve the claim form at the fourth defendant's last known place of business, and did not act promptly in seeking extension of time; therefore, service was not valid under CPR Part 6.5 and extension of time was not justified.

Court Disposition

Claimants did not validly serve the claim form on the fourth defendant.

Orders

  • No extension of time for service granted.
  • Fourth defendant not validly served; claim against him statute-barred.