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Keep an eye on defective service and make swift jurisdiction challenges (Simon Bain Building Services Ltd v (1) Cardone, (2) O’Keefe)

Published on: 20 December 2023
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Article summary

Dispute Resolution analysis: This case deals with make-or-break procedural matters at the outset of a claim. The issues considered involve defective service of the claim form, and the applications that followed, ie seeking to contest jurisdiction under CPR 11 (though doing so out of time) and seeking to set aside default judgment under CPR 13. The case also examines limitation issues in a contract for services and the losses that can be claimed where the limitation date falls within the latter stages of a project. The claim form was deemed to not be adequately served where it was sent directly to the defendants rather than their solicitors who, although no longer acting, had previously agreed to accept service. The court also determined the outcome of applications under CPR 13 to set aside a default judgment, ultimately finding that the defendants had a reasonable prospect of successfully defending the claim looking...

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