Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another – WLR Daily

Posted February 6th, 2017 in civil procedure rules, dismissal, news, solicitors by sally

Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another [2017] EWHC 6 (Comm)

‘The claimants issued a claim form on 26 April 2016, arguably just before the expiry of the relevant limitation periods. As a result of the claimants’ failure immediately to serve the claim form, the defendants’ solicitors gave notice under CPR r 7.7 requiring the claimants to serve or discontinue by Friday, 10 June. On that day, in compliance with CPR r 7.5(1), the claim form was left at the relevant place, namely the defendants’ solicitors, they having been authorised to accept service. The defendants applied for dismissal of the claim pursuant to r 7.7(3) on the ground that there had been neither service nor discontinuance by 10 June, since, by CPR r 6.14, the claim form was deemed to have been served on Tuesday, 14 June, namely the second business day after completion of the relevant step under rule 7.5(1).’

WLR Daily, February 2017

Source: www.iclr.co.uk