Crossroads Corporate Finance (UK) LLP v Ontario Management Limited & Ors

Crossroads Corporate Finance (UK) LLP v Ontario Management Limited & Ors

The claimant took reasonable steps to serve the third defendant within time, and delays were due to factors outside its control. The prejudice to the third defendant from loss of a limitation defence was outweighed by the hardship to the claimant and other parties if the extension was refused. There was no material failure of full and frank disclosure. The orders extending time for service and granting permission to serve out of jurisdiction should not be set aside.

Parties
Claimant: Crossroads Corporate Finance (UK) LLP; First Defendant: Ontario Management Limited; Second Defendant: Francois Denis Marie Legrain; Third Defendant: Helmut Franz Morent
Jurisdiction
England and Wales
Judgment Date
28 April 2025
Procedural Posture
Commercial Claim (contract, Unjust Enrichment, Breach of Confidence, Unlawful Means Conspiracy) / Application to Set Aside Orders Extending Time for Service and Permission to Serve Out of Jurisdiction
Outcome
Application dismissed
Legal Topics
Extension of Time for Service, Service Out of Jurisdiction, Limitation Period, Full and Frank Disclosure, Discretionary Powers Under CPR 7.6
Civil Procedure Commercial Law Extension of Time for Service Service Out of Jurisdiction Limitation Period Full and Frank Disclosure Discretionary Powers Under CPR 7.6

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Parties

Crossroads Corporate Finance (UK) LLP

Claimant

Ontario Management Limited

First Defendant

Francois Denis Marie Legrain

Second Defendant

Helmut Franz Morent

Third Defendant

Procedural Posture

Commercial Claim (contract, Unjust Enrichment, Breach of Confidence, Unlawful Means Conspiracy) / Application to Set Aside Orders Extending Time for Service and Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the orders extending time for service and granting permission to serve out of jurisdiction should be set aside
  2. 2 Whether the claimant took reasonable steps to serve within time
  3. 3 Whether there was full and frank disclosure at the without notice hearings

Ratio Decidendi

The claimant took reasonable steps to serve the third defendant within time, and delays were due to factors outside its control. The prejudice to the third defendant from loss of a limitation defence was outweighed by the hardship to the claimant and other parties if the extension was refused. There was no material failure of full and frank disclosure. The orders extending time for service and granting permission to serve out of jurisdiction should not be set aside.

Court Disposition

Application dismissed

Orders

  • Orders extending time for service and granting permission to serve out of jurisdiction remain effective
  • Permission to appeal refused