Jurisdiction(s):
United Kingdom

Defective service, CPR 11 time limits and submission by delay: CPR 13 not a workaround—Simon Bain v Cardone [2023] EWHC 2916 (Ch) (England and Wales)

Published on: 20 December 2023

Published by a LexisNexis Dispute Resolution expert

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Article summary

Simon Bain Building Services Ltd v Cardone and another [2023] EWHC 2916 (Ch) What are the practical implications of this case?

Although the court determined that the defendants had submitted to the jurisdiction, this did not automatically prevent them from rescuing their position. They knew their AoS, filed following defective service of the claim form, was late, and then opted to await the court’s directions. The court stressed that the correct step was to seek an extension of time to file the AoS and apply for relief from sanctions under CPR 3.9. Doing so would have restored their right to contest jurisdiction under CPR 11, provided there had been no separate act of submission.

Viewing the defendants’ actions objectively, the judge concluded there had been a submission to the jurisdiction (see further detail below), and that the application to set aside default judgment under CPR 13 could not sensibly be treated as a jurisdictional challenge. The decision is a firm reminder that swift action is essential to preserve a CPR 11 challenge to jurisdiction, and that more...

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