KY Homes Bradford Limited v Patel
Author: Chris Millar
Section 1140 of the Companies Act 2006 permits a document to be served on a Company Director by leaving it at or by sending it by post to the person's registered address i.e. the address in the Register of Directors held at Companies House.
In this case, the Court held that a Defendant had been validly served with a Claim Form at the address listed in the Register of Directors under Section 1140, albeit that the Defendant claimed that he was no longer resident in the UK at the date of service and the address in the Register was not his usual or last known residence. It therefore appears that Section 1140 can provide a useful alternative means of service.
Directors of UK companies moving their residence abroad, and who may not wish to be served with process in England, should therefore make sure that they provide an address for service abroad in the Register of Directors.