Barton v Wright Hassall LLP

In Barton v Wright Hassall LLP, the Supreme Court considered the circumstances in which the Court should validate the non-compliant service of a claim form. The appellant, Barton, had attempted to serve the claim form on the respondent’s solicitors by email, without obtaining any prior indication that they were prepared to accept service by that means. The claim form expired unserved the following day. The Court of Appeal had declined to validate the service, and Barton appealed to the Supreme Court. The appeal was heard by Lady Hale, and Lords Wilson, Sumption, Carnwath and Briggs. The Supreme Court found that there was no good reason to validate the non-compliant service, and dismissed the appeal. The Court held that the fact that the respondent had been made aware of the claim and the contents of the claim form was not sufficient reason to validate service. Instead, the Court must consider the reasons for the failure to comply with the rules, and whether there were other factors which should be taken into account. The Court held that the failure to comply with the rules in this case was not excusable, and the result was that Barton would need to start a new action.