Nanglegan v Royal Free Hampstead NHS Trust [2001] EWCA Civ 127 (23 January 2001)

Nanglegan v Royal Free Hampstead NHS Trust [2001] EWCA Civ 127 (23 January 2001)

Where a defendant has nominated solicitors and provided an address for service, the claimant is required to serve the claim form at that address. Failure to do so is not an irregularity that can be cured by general powers, and an extension of time for service will not be granted unless the claimant has taken all reasonable steps and acted promptly, which was not satisfied in this case.

Citation
[2001] EWCA Civ 127
Parties
Appellant/claimant: Carmelita Nanglegan; Respondent/defendant: Royal Free Hampstead NHS Trust
Jurisdiction
England and Wales
Judgment Date
23 January 2001
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Service of Process, Extension of Time, Civil Procedure Rules, Rectification of Parties
Civil Procedure Service of Process Extension of Time Civil Procedure Rules Rectification of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Carmelita Nanglegan

Appellant/claimant

Royal Free Hampstead NHS Trust

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether service of the claim form on the defendant's nominated solicitors was mandatory under the Civil Procedure Rules when an address for service had been given.
  2. 2 Whether the claimant was entitled to an extension of time for service of the claim form under CPR 7.6(3).
  3. 3 Whether irregular service could be cured under CPR 6.1 or 6.8.

Ratio Decidendi

Where a defendant has nominated solicitors and provided an address for service, the claimant is required to serve the claim form at that address. Failure to do so is not an irregularity that can be cured by general powers, and an extension of time for service will not be granted unless the claimant has taken all reasonable steps and acted promptly, which was not satisfied in this case.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs in the terms sought.