INTELLECTUAL PROPERTY ENTERPRISE COURT
Fetter Lane, London, EC4A 1NL
B e f o r e :
| MB GARDEN BUILDINGS LIMITED
|- and -
|MARK BURTON CONSTRUCTION LIMITED
Amanda Michaels (instructed by Alexander Ramage Associates) for the Second Defendant
Hearing dates: 14 February 2014
Crown Copyright ©
Judge Hacon :
MBGB's alternative routes to good service
Service on 29 August 2013
Service on 14 November 2012 at Irvine Place
"What state of mind in the server is connoted by the words "last known"? … As we have said, there is an important distinction between belief and knowledge. It is a distinction particularly well understood in the criminal law, but elsewhere too. The draftsman of the rules deliberately chose the word "known". In our view, knowledge in this context refers to the serving party's actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence. We arrive at this conclusion on the basis of what we understand the words to mean. We do not believe that there are any policy reasons which require us to give the words a strained or unusual meaning. The risk of satellite litigation is inherent in whatever interpretation is adopted. It is true that a defendant who has not in fact received the claim form should have no difficulty in setting aside a default judgment. But it is not desirable that defendants should be put to the trouble and expense of making applications to set aside default judgments."
"AND the court finding that the second defendant was not served with the Particulars of Claim"
"I did not receive a copy of the Claim filed by the Claimant"
He was undoubtedly referring to the documents posted to him on behalf of MBGB on 12 November 2013. The other witness statement is from Paul Kelly, a trade mark attorney advocate litigator acting for Mr Burton. His statement is more in the form of written argument. The first of three arguments advanced by Mr Kelly is that time for acknowledgment of service could not have expired because no "Claim" was ever served on Mr Burton since he was not living at Irvine Place after 10 November 2012.
Extension of time for serving the particulars of claim
Application for a retrospective extension of time to serve the claim form
Application pursuant to CPR 6.15(2) and 6.27