Lincolnshire County Council v Mouchel Business Services Ltd & Anor [2014] EWHC 352 (TCC) (21 February 2014)

Lincolnshire County Council v Mouchel Business Services Ltd & Anor [2014] EWHC 352 (TCC) (21 February 2014)

The order extending time for service was set aside because Lincolnshire failed to act promptly, did not apply for directions on notice as required by the Protocol, and had no good reason for delay. The claim was struck out for failure to serve within the validity period of the Claim Form.

Citation
[2014] EWHC 352 (TCC)
Parties
Claimant: Lincolnshire County Council; 1st Defendant: Mouchel Business Services Limited; 2nd Defendant: R. G. Carter Building Services Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2014
Procedural Posture
Civil (technology and Construction Court) / Application to Set Aside Extension of Time for Service of Claim Form and Particulars of Claim
Outcome
Order extending time set aside; claim against Mouchel struck out for non-service within validity period.
Legal Topics
Extension of Time for Service, Pre Action Protocol Compliance, Limitation Period, Case Management, Relief From Sanctions
Civil Procedure Construction Law Extension of Time for Service Pre Action Protocol Compliance Limitation Period Case Management Relief From Sanctions

Case Brief

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Parties

Lincolnshire County Council

Claimant

Mouchel Business Services Limited

1st Defendant

R. G. Carter Building Services Limited

2nd Defendant

Procedural Posture

Civil (technology and Construction Court) / Application to Set Aside Extension of Time for Service of Claim Form and Particulars of Claim

Legal Issues

  1. 1 Whether the order extending time for service of the Claim Form and Particulars of Claim should be set aside
  2. 2 Whether failure to comply with the Pre-Action Protocol and delay in service justified extension of time
  3. 3 Whether the claim should be struck out for failure to serve within the validity period

Ratio Decidendi

The order extending time for service was set aside because Lincolnshire failed to act promptly, did not apply for directions on notice as required by the Protocol, and had no good reason for delay. The claim was struck out for failure to serve within the validity period of the Claim Form.

Court Disposition

Order extending time set aside; claim against Mouchel struck out for non-service within validity period.

Orders

  • Order of Edwards-Stuart J dated 15 January 2014 set aside.
  • Claim against Mouchel Business Services Limited struck out.