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...
To continue reading this news article, as well as thousands of others like it, sign in with ÀÏ˾»úÎçÒ¹¸£Àû or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ÀÏ˾»úÎçÒ¹¸£Àû content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÀÏ˾»úÎçÒ¹¸£Àû services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Applicable law—common law (contract)This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is
Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are
Cross-border enforcement—CJJA 1982 and submission to the foreign court's jurisdictionThis Practice Note considers the position under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) where enforcement proceedings for a foreign judgment are brought in the courts of England and Wales and there
Enforcement of judgments under Brussels I (recast)This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast). Â Such enforcement can be sought after IP completion day (31
0330 161 1234