Protec International Ltd v Stout [2017] EWHC 1208 (Ch) (08 June 2017)

Protec International Ltd v Stout [2017] EWHC 1208 (Ch) (08 June 2017)

Special circumstances existed because the Second Defendant actively evaded personal service, and the claim form came to his attention within the validity period; therefore, steps taken on 23/02/17 constituted good service under CPR 6.15(2).

Citation
[2017] EWHC 1208 (Ch)
Parties
Claimant: Protec International Limited; Defendant: William Thomas Stout; Defendant: Edward Overbeck; Defendant: Protec Auto Care Limited
Jurisdiction
England and Wales
Judgment Date
08 June 2017
Procedural Posture
Civil Claim / Interlocutory Application Ruling
Outcome
Application under CPR 6.15(2) granted; steps taken on 23/02/17 deemed good service.
Legal Topics
Service of Process, Hague Service Convention, Alternative Service, Extension of Time
Civil Procedure Commercial Law Service of Process Hague Service Convention Alternative Service Extension of Time

Case Brief

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Parties

Protec International Limited

Claimant

William Thomas Stout

Defendant

Edward Overbeck

Defendant

Protec Auto Care Limited

Defendant

Procedural Posture

Civil Claim / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether steps taken to serve the Amended Claim Form and Particulars of Claim on the Second Defendant constituted good service under CPR 6.15(2)
  2. 2 Whether time for service should be extended under CPR 7.6(3)

Ratio Decidendi

Special circumstances existed because the Second Defendant actively evaded personal service, and the claim form came to his attention within the validity period; therefore, steps taken on 23/02/17 constituted good service under CPR 6.15(2).

Court Disposition

Application under CPR 6.15(2) granted; steps taken on 23/02/17 deemed good service.

Orders

  • Steps taken to serve the Amended Claim Form and Particulars of Claim on 23/02/17 are deemed good service under CPR 6.15(2)
  • Counsel to be heard on form of order and consequential issues including costs