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Power v Meloy Whittle Robinson Solicitors [2014] EWCA Civ 898 - 02/07/14

Description

In a professional negligence claim the court was asked to issue the claim form and return it to the claimant's solicitors for service, who had indicated to the claimant that they were authorised for service. Instead the claim form was sent to the defendant's business address. The service on the defendant's business address was defective. The court did not provide the claimant's solicitors with a copy of the certificate of service and so the problem was not known to the claimant. This all took place against the backdrop of substantial pre-issue correspondence pursuant to a court order for managed vibration white finger(VWF) professional negligence claims. In the circumstances there was a good reason to order that the steps taken by the claimant to bring the claim form to the attention of the defendant's solicitors constituted good service under CPR 6.15 (2).

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