The Khan Partnership LLP v Infinity Distribution Ltd

The Khan Partnership LLP v Infinity Distribution Ltd

The extension of time for service of the claim form should not be set aside because TKP's deliberate or grossly negligent delay in serving their application to set aside deprived Infinity of a fair opportunity to protect its position before the limitation period expired, constituting exceptional circumstances justifying the extension despite the general rule against prejudicing limitation defences.

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
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; order of Chief Master upheld.
Legal Topics
Extension of Time for Service, Limitation Periods, Solicitor Client Disputes, Breach of Contract, Fiduciary Duty, Negligence, Misrepresentation
Civil Procedure Professional Negligence Extension of Time for Service Limitation Periods Solicitor Client Disputes 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

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the extension of time for service of the claim form should be set aside, particularly where limitation periods may be prejudiced
  2. 2 Whether the court can grant a partial extension of time for discrete claims within the action

Ratio Decidendi

The extension of time for service of the claim form should not be set aside because TKP's deliberate or grossly negligent delay in serving their application to set aside deprived Infinity of a fair opportunity to protect its position before the limitation period expired, constituting exceptional circumstances justifying the extension despite the general rule against prejudicing limitation defences.

Court Disposition

Appeal dismissed; order of Chief Master upheld.

Orders

  • TKP's application to set aside the extension of time for service is dismissed.
  • The extension of time for service of the claim form, as previously ordered, stands.