The Khan Partnership LLP v Infinity Distribution Ltd [2016] EWHC 1390 (Ch) (14 June 2016)

The Khan Partnership LLP v Infinity Distribution Ltd [2016] EWHC 1390 (Ch) (14 June 2016)

Exceptional circumstances arising from TKP's breach of procedural rules in serving its application to set aside late, coupled with full disclosure of claims to TKP, justified refusal to set aside the extension of time for service as regards the interest fee claim, notwithstanding prejudice to limitation defence.

Citation
[2016] EWHC 1390 (Ch)
Parties
Appellant/defendant: The Khan Partnership LLP; Respondent/claimant: Infinity Distribution Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
14 June 2016
Procedural Posture
Appeal / Judgment on Appeal Against Order Refusing to Set Aside Extension of Time for Service of Claim Form
Outcome
Appeal dismissed; Chief Master's order upheld.
Legal Topics
Extension of Time for Service, Limitation Period, Solicitor's Duties, Breach of Contract, Fiduciary Duty, Negligence, Misrepresentation
Civil Procedure Professional Negligence Extension of Time for Service Limitation Period Solicitor's Duties Breach of Contract Fiduciary Duty Negligence +1 more

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Parties

The Khan Partnership LLP

Appellant/defendant

Infinity Distribution Limited (In Administration)

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Order Refusing to Set Aside Extension of Time for Service of Claim Form

Legal Issues

  1. 1 Whether extension of time for service of claim form should be set aside due to prejudice to limitation defence
  2. 2 Whether partial extension of time is permissible
  3. 3 Whether conduct of parties affects exercise of discretion

Ratio Decidendi

Exceptional circumstances arising from TKP's breach of procedural rules in serving its application to set aside late, coupled with full disclosure of claims to TKP, justified refusal to set aside the extension of time for service as regards the interest fee claim, notwithstanding prejudice to limitation defence.

Court Disposition

Appeal dismissed; Chief Master's order upheld.

Orders

  • TKP's application to set aside extension of time for service dismissed.
  • Extension of time for service of claim form as regards interest fee claim stands.