Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2013] EWHC 485 (Comm) (12 March 2013)

Euro-Asian Oil SA v Abilo (UK) Ltd & Ors [2013] EWHC 485 (Comm) (12 March 2013)

The claimant failed to provide any good or sufficient reason for not serving the claim form on Credit Suisse within the prescribed period, and the delay was entirely attributable to the claimant's deliberate decisions and lack of action. The authorities require at least a neutral or good reason for extension, and the absence of such, coupled with the strictness of the regime, means the extension should be set aside.

Citation
[2013] EWHC 485 (Comm)
Parties
Claimant: EURO-ASIAN OIL SA; First Defendant: ABILO (UK) LTD; Second Defendant: CREDIT SUISSE AG; Third Defendant: MR DAN IGNISKA
Jurisdiction
England and Wales
Judgment Date
12 March 2013
Procedural Posture
Commercial Court Application / Application to Set Aside Extension of Time for Service of Claim Form
Outcome
Application granted; extension of time for service set aside.
Legal Topics
Extension of Time for Service, CPR 7.5 and 7.6, Service Out of Jurisdiction, Discretion to Extend Time, Practice Direction 7 a
Civil Procedure Extension of Time for Service CPR 7.5 and 7.6 Service Out of Jurisdiction Discretion to Extend Time Practice Direction 7 a

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Parties

EURO-ASIAN OIL SA

Claimant

ABILO (UK) LTD

First Defendant

CREDIT SUISSE AG

Second Defendant

MR DAN IGNISKA

Third Defendant

Procedural Posture

Commercial Court Application / Application to Set Aside Extension of Time for Service of Claim Form

Legal Issues

  1. 1 Whether the extension of time for service of the claim form on Credit Suisse AG should be set aside under CPR 7.6(2)

Ratio Decidendi

The claimant failed to provide any good or sufficient reason for not serving the claim form on Credit Suisse within the prescribed period, and the delay was entirely attributable to the claimant's deliberate decisions and lack of action. The authorities require at least a neutral or good reason for extension, and the absence of such, coupled with the strictness of the regime, means the extension should be set aside.

Court Disposition

Application granted; extension of time for service set aside.

Orders

  • Order of Christopher Clarke J extending time for service on Credit Suisse is set aside.