Capital Alternatives Sales and Marketing Ltd v Nabas & Ors

Capital Alternatives Sales and Marketing Ltd v Nabas & Ors

The Claimants did not effect valid service of the claim form on the First Defendant at a permitted place or by a permitted method, nor did they take reasonable steps to comply with the rules. There were insufficient grounds for retrospective validation, dispensing with service, or relief from sanctions. The claim against the First Defendant cannot continue.

Parties
Claimant: Capital Alternatives Sales and Marketing Limited (in liquidation); Claimant: Green Planet Investment Limited (in liquidation); Claimant: David Anthony Ingram (as liquidator of Capital Alternatives Sales and Marketing Limited and Green Planet Investment Limited); Defendant: Vitoria Nabas; Defendant: Nabas International Lawyers LLP; Defendant: Cubism Limited; Defendant: Corinthian Trust Company Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2018
Procedural Posture
Commercial Claim / Ruling on Applications Regarding Service and Jurisdiction
Outcome
Claimants' application dismissed; claim against First Defendant cannot continue.
Legal Topics
Service of Claim Form, Jurisdiction, Relief From Sanctions, Dispensing With Service, Limitation Period, Professional Negligence Protocol
Civil Procedure Professional Negligence Service of Claim Form Jurisdiction Relief From Sanctions Dispensing With Service Limitation Period Professional Negligence Protocol

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Parties

Capital Alternatives Sales and Marketing Limited (in liquidation)

Claimant

Green Planet Investment Limited (in liquidation)

Claimant

David Anthony Ingram (as liquidator of Capital Alternatives Sales and Marketing Limited and Green Planet Investment Limited)

Claimant

Vitoria Nabas

Defendant

Nabas International Lawyers LLP

Defendant

Cubism Limited

Defendant

Corinthian Trust Company Limited

Defendant

Procedural Posture

Commercial Claim / Ruling on Applications Regarding Service and Jurisdiction

Legal Issues

  1. 1 Whether the First Defendant was validly served with the claim form and Particulars of Claim
  2. 2 Whether retrospective permission for alternative service should be granted
  3. 3 Whether service should be dispensed with

Ratio Decidendi

The Claimants did not effect valid service of the claim form on the First Defendant at a permitted place or by a permitted method, nor did they take reasonable steps to comply with the rules. There were insufficient grounds for retrospective validation, dispensing with service, or relief from sanctions. The claim against the First Defendant cannot continue.

Court Disposition

Claimants' application dismissed; claim against First Defendant cannot continue.