| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 303 (Jun) |
| Court: | Technology and Construction Court |
| Judge: | Judge John Toulmin QC |
| Representation | Fiona Sinclair (instructed by Fox Williams) for the claimants. |
| Adrian Williamson (instructed by Fishburns) for the defendant. | |
| Judgment Dates: | 25 June 2004 |
Catchwords
Practice and procedure - Service of documents - Claim form - Meaning of 'last known place of business' - CPR 6.5(6), SI 1998/3132.
The Case
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.
Practice Areas
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