Woodward V Phoenix [2018] EWHC 334 (Ch)

Court retrospectively validates service of claim form on solicitors who were not authorised to accept service but permission to appeal is given

The Claimant issued its claim form on 19 June 2017, a day before the limitation period applicable to its claim expired. It purported to serve the claim form by sending it to the Defendant's solicitors on 17 October 2017. Shortly after the time for service had expired, the Defendant's solicitors advised that they had never been instructed to accept service and so service was defective (and now out of time). The Claimant sought an order from the court that the steps it had taken to bring the claim form to the Claimant's notice (by an alternative method or at an alternative place) should constitute good service.