New Judgment: Abela & Ors v Baadarani [2013] UKSC 44
26 Wednesday Jun 2013
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On appeal from: [2011] EWCA Civ 1514
Determined the circumstances in which a court may make an order declaring that steps taken by a claimant to bring a claim form to the attention of a defendant should be treated as good service. CPR 6.15(2) can be used retrospectively to validate steps taken to serve a claim form even if the defendant is not within the jurisdiction. But orders under CPR 6.15(1) and (2) could only be made only if there was “good reason” to do so. An appellate court should be reluctant to interfere with a judge’s decision on this.
For judgment, please download: [2013] UKSC 44
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII