Anthony Goodfellow v Warren Boyes & Archer (a firm)
[2024] EWHC 2015 (KB)
Ellison Road Limited v Khurram Mian t/a HKH Kenwright & Cox Solicitors & Anor
28 February 2023
[2023] EWHC 375 (Ch)
High Court
A company sued a solicitor for bad advice. They served him at his current office, even though he claimed it should have been his home address. The judge said the company did the right thing by checking a government website for his work address, so the lawsuit is allowed to continue.
Key Facts
- •Ellison Road Limited (Claimant) sued Khurram Mian (First Defendant), trading as HKH Kenwright & Cox Solicitors, for professional negligence.
- •Claim form served at Moriarty Law Limited's address (20 Old Bailey), where Mian was 'head of legal practice' according to the SRA website.
- •Mian argued service was invalid as he was sued in his own name, and service should have been at his residence, not business address.
- •Claim form issued near the end of the limitation period and served near the end of the four-month service period (CPR 7.5(1)).
- •Mian's residence was undisclosed, in the UAE. Mills & Reeve represented Mian and received a courtesy email copy of the claim form before the service deadline.
- •Disputes centered on the interpretation of CPR 6.9(2) regarding service on individuals sued in a business name and relevant Practice Directions.
Legal Principles
Service of claim form on an individual sued in their own name, trading as a business name.
CPR rule 6.9(2)
Reasonable steps to ascertain defendant's current address if the known address is outdated.
CPR rule 6.9(3)
Alternative service methods or validation of already taken steps.
CPR rule 6.15
Requirements for naming parties in claim forms (individuals trading as businesses).
CPR Practice Direction 16 paragraph 2.6
Claims against individuals carrying on business under a different name.
CPR Practice Direction 7A paragraph 5C
Principles for validating non-compliant service under CPR 6.15(2)
Barton v Wright Hassall LLP [2018] 1 WLR 1119
Individuals sued in the name of a business (only when sued in a business name different from their own)
Murrills v Berlanda [2014] EWCA Civ 6
Outcomes
First Defendant's application to declare lack of jurisdiction dismissed.
Claimant validly served the claim form at Mian's current place of business (20 Old Bailey), as ascertained through reasonable steps (SRA website) and compliant with CPR 6.9(2) and 6.9(3).
Claimant's application for alternative service or validation of service rendered moot.
Good service already established.
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