Cases

Drury v Carnegie (CA)

Facts

Carnegie (C) appealed against a decision that the respondent Drury (D) was entitled to a substantial extension of time for service of the claim form and particulars of claim in a libel action. C was the second defendant in a libel claim brought by D against the BBC following a television programme broadcast about D's business. D sent a letter of claim, addressed to C, to the BBC as C's last employers and issued a claim form, naming the BBC as the first defendant and C as the second defendant. On the last day for service of the claim form, D's solicitors informed the BBC that it intended to serve proceedings on C care of the BBC and requested C’s address as an alternative method of service. Minutes before the expiry of the four-month service limitation period, C's solicitors faxed the claim form and particulars to the BBC. The service was effective only on behalf of the BBC. Some ten weeks later D was granted an extension of time for service on C under CPR 7.6(3)(b) and (c). C appealed.

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