The Occupiers of Samuel Garside House v Bellway Homes Limited & Anor
[2024] EWHC 1579 (KB)
Fit Kitchen Limited & Anor v Relx Group UK Plc & Anor
1 February 2023
[2023] EWHC 1954 (KB)
High Court
Two people sued a company, but they didn't tell the company about the lawsuit quickly enough. Court rules say you have to tell them within four months, and because they didn't, the lawsuit was thrown out.
Key Facts
- •Fit Kitchen Limited (in compulsory liquidation) and Amar Lodhia (facing bankruptcy) sued Relx Group Plc and Relx UK Limited for defamation.
- •A Part 8 claim form was issued on February 3, 2022, but service wasn't completed within four months.
- •The defendants, Relx, argued the court lacked jurisdiction due to untimely service.
- •The claimants did not appear at the hearing.
- •The defendants filed an application notice on July 28, 2022, seeking a declaration that the court lacked jurisdiction.
- •The claimants argued that CPR 7.5 (four-month service limit) didn't apply to Part 8 claims, and alternatively, that the defendants waived their right to challenge service.
Legal Principles
A claimant must take a step to serve a claim form within four months of issue (CPR 7.5).
Civil Procedure Rules (CPR) Part 7, Rule 7.5
The court may decline jurisdiction if service of the claim form is not effected within the time limits of CPR 7.5.
CPR Part 11
A defendant who files an acknowledgment of service but doesn't make a jurisdiction challenge within 14 days is treated as having accepted jurisdiction (statutory waiver).
CPR Part 11, Rule 11(5)
Common law waiver occurs when a defendant's conduct unequivocally shows submission to the court's jurisdiction.
Case law (Hoddinott v Persimmon Homes, Smay Investments Ltd v Sachdev, Global Multimedia International Limited v ARA Media Services, AELF v Surinaamse)
The court has the power to grant relief from sanctions for non-compliance with the CPR (CPR 3.9; Denton v TH White Ltd).
CPR Part 3, Rule 3.9; Denton v TH White Ltd [2013] EWCA Civ 906
Outcomes
The court lacked jurisdiction to hear the claim.
The claimants failed to serve the claim form within the four-month period stipulated by CPR 7.5. The court rejected the claimants' arguments that CPR 7.5 did not apply to Part 8 claims and that the defendants waived their right to challenge jurisdiction. The court found the defendants' actions did not constitute an unequivocal submission to the court's jurisdiction.
The claim form was set aside.
Consequential to the court lacking jurisdiction.