||All England Reporter
|| All ER (D) 303 (Jun)
||Technology and Construction Court
Judge John Toulmin QC
||Fiona Sinclair (instructed by Fox Williams) for the claimants.
||Adrian Williamson (instructed by Fishburns) for the defendant.
||25 June 2004
Practice and procedure - Service of documents - Claim form - Meaning of 'last known place of business' - CPR 6.5(6), SI 1998/3132.
On its true construction, the phrase 'last known place of business' in CPR6.5(6), , was that last known to the claimant. In order to obtain the requisite knowledge, a claimant had to take reasonable steps to discover the current place or the last place that a defendant carried on business. Whether such steps had been carried out was a question to be decided on the evidence. Prejudice to the defendant was irrelevant when considering an application under CPR7.6 to extend the time for service of a claim form. The focus of such an application was on any injustice to the claimant.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary