Deemed day and dispensing with service

Anderton v Clywd County Council and other appeals ([2002] 3 All ER 813 [2002] EWCA Civ 933)

At 20/LL pp97 and 118 we reported on nine decisions relating to the service of proceedings. In particular, we welcomed the decision of Brown J in Infantino v Maclean (20/LL p99) in which, having exhausted all other possibilities of avoiding penalising solicitors who had behaved immaculately, he exercised his discretion that CPR 6.9 enabled him to dispense with service altogether. We were therefore disappointed with the decision at first instance in Anderton v Clywd CC (20/LL p99) in which the judge had difficulty in reconciling the decision in Infantino with earlier decisions. In Godwin v Swindon Borough Council (20/LL p1 18) May LJ held that rule 6.9 did not extend to extricate a claimant from the consequences of late service. The Court of Appeal has now reconciled these two approaches and clarified the interpretation of the rules as to service.