Stuart Lunn v Antarctic Logistics Centre International (Pty) Ltd (No 2)
[2024] EWHC 169 (KB)
Doliaa SAS & Anor v Mediterranean Shipping Company S.A.
13 December 2023
[2023] EWHC 3165 (Comm)
High Court
A company tried to sue another company for damaged goods but missed the deadline. They asked the judge for more time twice, but the judge said they hadn't explained why they were so late and threw out the case because they waited too long to file the necessary paperwork.
Key Facts
- •Claim for loss or damage to cargo subject to a one-year timebar (Hague Rules).
- •Claim form issued on 9 May 2022, timebar expired on 10 May 2022.
- •Defendant incorporated in Switzerland, registered address in Geneva.
- •Claimants engaged in correspondence with Defendant, attempting negotiation and agreement to appoint English solicitors.
- •Two orders extended time for service: First Order (6 October 2022) to 9 March 2023, Second Order (6 March 2023) to 9 June 2023.
- •Claimants submitted documents to the FPS (Foreign Process Section) on 6 February 2023 and again on 27 February 2023 after initial documents were lost.
- •Service effected on 2 May 2023.
- •Defendant applied to set aside the orders extending time for service.
Legal Principles
A defendant has a right to be sued within the statutory limitation period and served within the initial validity of service. Departures must be justified.
ST v BAI (SA) (t/a Brittany Ferries) [2022] EWCA Civ 1037 at [62]
The reason for inability to serve within time is highly material. Incompetence or oversight may not be a good reason.
ST v BAI (SA) (t/a Brittany Ferries) [2022] EWCA Civ 1037 at [62]
A defendant's limitation defence should not be circumvented except in 'exceptional circumstances' (meaning 'out of the ordinary').
ST v BAI (SA) (t/a Brittany Ferries) [2022] EWCA Civ 1037 at [63]
The court's discretion to extend time must be exercised in accordance with the overriding objective.
ST v BAI (SA) (t/a Brittany Ferries) [2022] EWCA Civ 1037 at [63]
CPR 7.6 applications require full and frank disclosure to the court.
Implicit throughout the judgment
Outcomes
Second Order (extending time to 9 June 2023) set aside.
Claimants' unjustified delay in lodging documents with the FPS after October 2022, despite knowledge of the timebar and potential service delays. Lack of full and frank disclosure in applications for extensions.