Euro-Asian Oil SA v Abilo (UK) Ltd & Ors

Euro-Asian Oil SA v Abilo (UK) Ltd & Ors

The claimant failed to provide any good or sufficient reason for not serving the claim form on Credit Suisse within the prescribed period, and the delay was entirely attributable to the claimant's deliberate decisions and lack of action. The requirements of CPR 7.6(2) and the relevant authorities were not met, and the extension of time should be set aside.

Parties
Claimant: Euro-Asian Oil SA; First Defendant: Abilo (UK) Ltd; Second Defendant: Credit Suisse AG; Third Defendant: Mr Dan Igniska
Jurisdiction
England and Wales
Judgment Date
12 March 2013
Procedural Posture
Commercial Court Claim / Application to Set Aside Extension of Time for Service of Claim Form
Outcome
Application to set aside extension of time granted
Legal Topics
Extension of Time for Service, Service Out of Jurisdiction, Discretion Under CPR 7.6, Practice Direction 7 a, Overriding Objective
Civil Procedure Extension of Time for Service Service Out of Jurisdiction Discretion Under CPR 7.6 Practice Direction 7 a Overriding Objective

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Parties

Euro-Asian Oil SA

Claimant

Abilo (UK) Ltd

First Defendant

Credit Suisse AG

Second Defendant

Mr Dan Igniska

Third Defendant

Procedural Posture

Commercial Court Claim / Application to Set Aside Extension of Time for Service of Claim Form

Legal Issues

  1. 1 Whether the extension of time for service of the claim form on Credit Suisse AG should be set aside under CPR 7.6(2)

Ratio Decidendi

The claimant failed to provide any good or sufficient reason for not serving the claim form on Credit Suisse within the prescribed period, and the delay was entirely attributable to the claimant's deliberate decisions and lack of action. The requirements of CPR 7.6(2) and the relevant authorities were not met, and the extension of time should be set aside.

Court Disposition

Application to set aside extension of time granted

Orders

  • Order of Christopher Clarke J extending time for service on Credit Suisse set aside