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Mis-Service of Claims - Court Judgments

BrownTrout
Posts: 2,298 Forumite

People might find these decisions in regards to mis served claim forms. For example where claims have been served at the wrong address after the claimant has been advised of another address (and i dont mean "last known address")
Quite useful in getting claims struck out
Planetree Nominees Ltd -v- Howard Kennedy LLP [2016] EWHC 2302 (CH)
Dzekova v Thomas Eggar LLP [2015] EWHC 2600 (QB).
Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch) (18 September 2017)
Ebela -v- Baardarani [2013] UK SC44
Quite useful in getting claims struck out
Planetree Nominees Ltd -v- Howard Kennedy LLP [2016] EWHC 2302 (CH)
Dzekova v Thomas Eggar LLP [2015] EWHC 2600 (QB).
Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch) (18 September 2017)
Ebela -v- Baardarani [2013] UK SC44
0
Comments
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Well, yes, there are many such cases, although care should be taken because the civil procedure rules have developed over time.
The recent UKSC judgment in Barton v Wright Hassall is also worth reading.
It is often advisable to provide a correct service address. Esp. Since many forumites appear not to update the DVLA when they move!
Even if a claim form is incorrectly served and thus invalid, there will often be nothing to stop a PPC issuing fresh proceedings in relation to the same parking event, so long as primary limitation (6 yrs) has not expired.0
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