Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 (30 March 2022)

Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 (30 March 2022)

The Claimants' delay in serving the claim form was not caused by the pandemic or the closure of the FPS, but by their own failure to act promptly. The closure of the FPS was not the reason for the extension application, and there was insufficient evidence that pandemic-related disruption caused the delay. Therefore, there was no good reason to grant an extension under CPR 7.6(2), and the Master and Judge were correct to refuse it.

Citation
[2022] EWCA Civ 422
Parties
Claimant/appellant: Qatar Investment and Project Development Holding Company; Claimant/appellant: His Highness Sheikh Hamad Bin Abdullah Al Thani; Defendant/respondent: Phoenix Ancient Art S. A.
Jurisdiction
England and Wales
Judgment Date
30 March 2022
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Service, Limitation Period, Covid 19 Pandemic Impact, Service Out of Jurisdiction
Civil Procedure Extension of Time for Service Limitation Period Covid 19 Pandemic Impact Service Out of Jurisdiction

Case Brief

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Parties

Qatar Investment and Project Development Holding Company

Claimant/appellant

His Highness Sheikh Hamad Bin Abdullah Al Thani

Claimant/appellant

Phoenix Ancient Art S. A.

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Master and Judge erred in refusing to extend time for service of the claim form under CPR 7.6(2) in light of the Covid-19 pandemic and closure of the Foreign Process Section (FPS)
  2. 2 Whether the pandemic and FPS closure constituted a good reason for the extension

Ratio Decidendi

The Claimants' delay in serving the claim form was not caused by the pandemic or the closure of the FPS, but by their own failure to act promptly. The closure of the FPS was not the reason for the extension application, and there was insufficient evidence that pandemic-related disruption caused the delay. Therefore, there was no good reason to grant an extension under CPR 7.6(2), and the Master and Judge were correct to refuse it.

Court Disposition

Appeal dismissed

Orders

  • No extension of time for service granted
  • Master's and High Court's decisions upheld