Brooks v AH Brooks & Co (a firm) and another [2010] EWHC 2720 (Ch), [2010] All ER (D) 85 (Nov)
Chancery Division, Birmingham District Registry Judge David Cooke sitting as a judge of the High Court, 4 Nov 2010
The High Court has considered service on a partnership under the CPR.
Anthony de Freitas (instructed by Tinsdills) for the claimant. Gregory Pipe (instructed by Taylor & Emmett LLP) for the defendant’s new partners. Mark Halliwell for E. P appeared in person. R did not appear and was not represented. Henry Bankes-Jones (instructed by Taylor Vintners) for S’s executrix.
The proceedings concerned the issue of service on members of a solicitors’ partnership. The action concerned an investment made originally in 1990, since when there had been a number of changes of personnel at the firm.
Judge David Cooke:
The relevant provisions were CPR PD 7A, pursuant to which it was now normally obligatory, rather than merely permissible, to use the partnership’s business name as that of the defendant.
CPR 6 contained provisions dealing with service of claim forms on a partnership. Under it personal service was in most cases
