Court strikes out claim for failure to comply with the rules as to service of the Claim Form

22 November 2012

Rooney v (1) O’Doherty (2) Soni (2012) (Ch)

Clara Johnson was instructed by the Defendants in an application to strike out a substantial claim brought by a solicitor and former partner. The Claimant had failed to comply with the rules governing service of the claim form and the particulars of claim. In a counter-application the Claimant sought orders, inter alia, under r.6.15 (order for service by alternative method or alternative place), r.6.16 (order dispensing with service) and r.3.9 (seeking an extension of time for service of the particulars of claim). At the hearing the Claimant withdrew his application under r.6.16 accepting that there were no ‘exceptional circumstances’. Chief Master Winegarten found that on the facts, there was no basis for ordering relief under r.6.15 as the Claimant did not have a good reason for seeking service at an alternative place and in any event, he could have served the Defendants at the their last usual known residence; and refused the application for an extension of time because the application had not been made promptly (8 months after particulars of claim ought to have been served).