Doliaa SAS & Anor v Mediterranean Shipping Company S.A.
[2023] EWHC 3165 (Comm)
Stuart Lunn v Antarctic Logistics Centre International (Pty) Ltd (No 2)
31 January 2024
[2024] EWHC 169 (KB)
High Court
A company sued another company in the UK. They needed more time to serve the lawsuit on the other company, so they asked the judge for an extension. The sued company complained that they didn't provide all the information. The judge decided that the suing company had taken reasonable steps and it was acceptable to grant the extension.
Key Facts
- •Claimant issued Claim Form on 10 February 2021, seeking service out of the jurisdiction.
- •Claim Form required service by 10 August 2021.
- •Claimant applied for an extension of time for service on 15 July 2021, without notice to the Defendant.
- •The application was granted on 29 July 2021, extending time to 29 January 2023.
- •Defendant challenges the extension, alleging material non-disclosure.
- •Defendant alleges non-disclosure regarding the limitation period, delay in applying for extension, and extensive correspondence with Defendant's South African attorneys.
Legal Principles
Duty of full and fair disclosure in without notice applications.
Re OJSC Yugraneft v Sibir Energy PLC [2008] EQHC 2614 (Ch)
Different tests for extending time to serve a claim form before and after expiry of time for service under CPR 7.5.
ST v BAI (SA) (t/a Brittany Ferries) [2022] EWCA Civ 1037
On an application before expiry of time for service, a claimant is not obliged to take “all” reasonable steps to serve within time.
Hashtroodi v Hancock [2004] EWCA Civ 652
Outcomes
Defendant's application to set aside the Order extending time for service is dismissed.
The court found no material non-disclosure and that the Claimant had taken reasonable steps before requesting the extension. The court considered the specific circumstances, including the delay caused by the Defendant's actions and the global pandemic.
Similar Cases
Stuart Lunn v Antarctic Logistics Centre International (Pty) Ltd
[2023] EWHC 2856 (KB)
Naftiran Intertrade Company (NICO) Limited & Anor v GL Greenland Limited & Anor
[2024] EWHC 1364 (Comm)
Ethan Thomas Wragg & Ors v Opel Automobile GmbH & Ors
[2023] EWHC 2632 (KB)
The Occupiers of Samuel Garside House v Bellway Homes Limited & Anor
[2024] EWHC 1579 (KB)