0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Elmes v Hygrade Food Products Plc, Court of Appeal, 24 January 2001

5 March 2001
The issues

CPR 6.8/6.9 – Service On The Wrong Party – Whether The Court Could Retrospectively Cure The Error.

The facts

The Claimant’s action was one for personal injuries. Proceedings were issued and the Defendant made a Part 36 Offer. On the last day on which proceedings could be served, the Claimant’s solicitors faxed the Claim Form in error to the Defendant’s insurers. It was accepted that it was not possible to argue that time for service should be extended as service had been effected in time. The Claimant argued instead that the Court under CPR 3.9 and 3.10 as permitted to remedy a procedural error and that the service on the insurers was such an error. CPR 6.8 and 6.9 would allow this to be remedied if there was good reason to do so – the good reason being that there had been no conceivable prejudice caused through service on the insurers.

The decision

6.8 could not be applied retrospectively. It was a prospective order. There was no power to correct the consequences of service on the wrong party. Appeal dismissed.

focus on...

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up