Saturday, 17 September 2016

Defendant still required to file acknowledgement of service despite Claimant’s failure to adequately serve

Rushworth v Harvey [2016] EWHC 1386 (QB)
Background
A dispute had arisen between the parties, where Rushworth alleged that remuneration was due, including reimbursements for flights paid for by Rushworth for work done for Harvey.
Rushworth had served the claim form on Harvey but failed to provide the particulars of claim and response pack. Given Rushworth’s failure to adequately serve, Harvey decided not to acknowledge service.
Rushworth subsequently sent the claim form again, along with the particulars of claim and a form for Harvey to acknowledge service.  However, given that this had now been some months later, Harvey sought to argue that the service was invalid as more than four months had now passed since the claim was issued.
In light of the above, Rushworth sought to obtain a judgement in default and Harvey applied to have the judgement in default set aside
It was therefore up to the High Court to decide as to whether judgement in default should be given or whether it should be aside.
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