Howard Elgot secures leave to appeal in defective service case

Howard Elgot has secured permission to appeal to the Court of Appeal following an oral hearing before Longmore LJ in a professional negligence case involving defective service.

Prior to instructing Howard, the Claimant had represented himself against his former solicitors, Wright Hassall. He had served the claim form electronically, but Wright Hassall’s solicitors did not accept electronic service. The Claimant’s application for ex post facto validation was refused by both a District Judge and Circuit Judge. 

Howard was instructed by the Claimant because of his involvement in the case of Power v Meloy Whittle last year. This was also a professional negligence case where service of the claim form did not take place in accordance with the rules. In Power v Meloy Whittle the Court of Appeal allowed the claim to continue notwithstanding the defect in service.

Unless Claimant’s case succeeds in the Court of Appeal, his claim against Wright Hassall will be statute-barred. This case is significant because some of the lower courts are applying Power in a restrictive way, but others are taking a more liberal approach. This case will lay down which approach is correct. We’ll keep you updated on the outcome.