Existing place of business required for valid service; former business address could not satisfy the statutory mode of service.

An overseas company was not shown on the evidence to have established a place of business in Great Britain, because the claimant failed to prove that factual foundation. Service of the writ at 36 Grosvenor Street was also invalid: section 412 required service at an existing place of business of the company at the time of service, and the provision did not extend to a former address that had ceased to be a place of business. Read with section 406 and the substituted service context, the statutory mode of service had to be likely to bring the writ to the company. The appeal therefore succeeded.

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Issues: (i) whether the overseas company had established a place of business in Great Britain; (ii) whether service of the writ at 36 Grosvenor Street was valid under section 412 where that address had ceased to be an existing place of business.

Issue (i): whether the overseas company had established a place of business in Great Britain

Analysis: The evidence had to show, as a matter of fact, that the company had established a place of business in Great Britain. The plaintiff failed to discharge that burden. On the evidence, the company never established such a place of business.

Conclusion: The issue was decided in favour of the appellant.

Issue (ii): whether service of the writ at 36 Grosvenor Street was valid under section 412 where that address had ceased to be an existing place of business

Analysis: Section 412 was construed to require service at an existing place of business established by the company at the time of service. The language of the section, read with section 406, did not extend to a former place of business that had ceased to exist by the date of service. Substituted service provisions were also read in light of the likelihood that the writ would reach the company.

Conclusion: Service at the former address was not valid under section 412, so the issue was decided in favour of the appellant.

Final Conclusion: The appeal succeeded because the company had not been shown to have established a place of business in Great Britain, and in any event service at the ceased address did not satisfy the statutory mode of service.

Ratio Decidendi: For service under the statutory provision, the place of business must be an existing place of business of the company at the time of service, and a former place of business that has ceased to exist will not suffice.

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