Source: All England Reporter
Publisher Citation: [2002] All ER (D) 318 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Buxton and Carnwath LJJ

Representation Andrew Monson (instructed by J Osborne Jones & Co, Llantwit Major) for the claimants.
  Justin Rushbrooke (instructed by Jaron Lewis) for the defendants.
Judgment Dates: 22 October 2002

Catchwords

Practice and procedure - Claim form - Service of documents - Deemed day of service - Power of court to dispense with service of claim form - CPR 6.7,6.9.

The Case

A court should normally exercise its discretion to dispense with service under CPR 6.9 in a claimant's favour in cases which involved deemed late service which were decided after Godwin v Swindon BC , but before Anderton v Clwyd CC , unless the defendant could show that he would suffer prejudice or some other good reason why the power should not be exercised. However, delay itself would not generally constitute such good reason nor the fact that the claim was not likely to succeed.

Practice Areas

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