Cases

Wilkey & Another v BBC

Issue

After Gray J's ruling, the CA ruled in Anderton v Clwyd CC [2002] EWCA Civ 933 that in exceptional circumstances the court can use its power under CPR Part 6.9 to dispense with "proof" of service of a claim form where D has in fact received it by a permitted method of service before the end of the period of service ("category 2 cases"). The issues therefore were:

(a) the general approach to the exercise of discretion in category 2 cases; and

(b) how the discretion should be exercised on the particular facts of the case.

Also