Proceedings are validly served under Part 6 of the Civil Procedure Rules when served upon a party's last known address. This is so even if that party no longer lives at that address.

This was the position in Re Broadside Colours and Chemicals Ltd, in which the liquidator of the company served a director at the residential address that was shown for him at Companies House. Service was held to be good even though the director had moved and had not become aware of the proceedings until after judgment had been entered against him. The director appealed the judgment.

Although the appeal was successful, the court held that the proceedings had been validly served at the defendant's last know address. The liquidators were entitled to treat the Companies House record as knowledge. They had no reason to believe the director might no longer live there and were not therefore under any obligation to make any further enquiries

Things to consider

The important element here is the knowledge of the party serving. It is only when that party is aware that an individual's address is no longer in use that additional steps need to be taken to ascertain a current address or give consideration to an alternative place or method of service.