Dispute Resolution
A business owner operating as a sole trader has filed a lawsuit against a supplier for failing to fulfil their contractual obligations. The supplier has expressed their consent for the claim form to be served on their solicitor, whom the claimant has been in contact with prior to the lawsuit being filed. However, the solicitor has not independently confirmed this to the claimant. The claimant has sent the claim form to the solicitor nominated by the supplier, two days prior to the expiration of the claim form. However, the solicitor returned the claim form a week later, stating that they do not have the authority to accept service of proceedings.
Has the claimant successfully served the claim form or not?
A business owner operating as a sole trader has filed a lawsuit against a supplier for failing to fulfil their contractual obligations. The supplier has expressed their consent for the claim form to be served on their solicitor, whom the claimant has been in contact with prior to the lawsuit being filed. However, the solicitor has not independently confirmed this to the claimant. The claimant has sent the claim form to the solicitor nominated by the supplier, two days prior to the expiration of the claim form. However, the solicitor returned the claim form a week later, stating that they do not have the authority to accept service of proceedings.
Has the claimant successfully served the claim form or not?
Yes, because the defendant gave the nomination to accept service.
(B) The service is good, and the claimant can rely on the nomination from the defendant personally.
Option (A) is incorrect because there is no need for the solicitors to give express consent.
Option (C) is also incorrect because the claimant can serve a claim form on nominated solicitors, and it is not necessary to serve directly upon the defendant in these circumstances.
Option (D) is also incorrect because it is not sufficient to be corresponding. Either the defendant or their solicitor must provide express consent.
Finally, option (E) is incorrect because no additional duty is imposed, as suggested.
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