The Occupiers of Samuel Garside v (1) Bellway Homes Limited and (2) Sheppard Robson Architects LLP
Citation: [2024] EWHC 1579 (KB)
Claim Forms, service by fax and DX, late service and challenge to jurisdiction
Can a Defendant only challenge the Court’s jurisdiction/ the validity of the claim form, following a failure to serve a claim form on time, by filing an acknowledgment of service (notwithstanding it was late service) and making an application under CPR Part 11?
This case dealt with the question of, when service by DX occurs, when a party is to be treated as having accepted service by fax and, most interestingly, how CPR Part 11 applies in circumstances where the Defendants contend there is no valid service.
The latter issue is still, in part to be resolved, by a further hearing later this year. James Frampton, instructed by Mayer Brown LLP, acted for the Second Defendant.
A copy of the judgement is available here.
