Lincolnshire County Council v Mouchel Business Services Ltd & Anor

Lincolnshire County Council v Mouchel Business Services Ltd & Anor

The claimant failed to act promptly and effectively after issuing proceedings, did not comply with the mandatory requirement to apply for directions on notice under the Protocol, and had no good reason for the delay. The order extending time was set aside and the claim struck out for failure to serve within the validity period of the Claim Form.

Parties
Claimant: Lincolnshire County Council; 1st Defendant: Mouchel Business Services Limited; 2nd Defendant: R. G. Carter Building Services Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2014
Procedural Posture
Civil / Application to Set Aside Extension of Time for Service of Claim Form and Particulars of Claim
Outcome
Order set aside; claim against Mouchel struck out for failure to serve within time.
Legal Topics
Extension of Time for Service, Pre Action Protocol Compliance, Limitation Period, Case Management, Relief From Sanctions
Civil Procedure Construction Law Extension of Time for Service Pre Action Protocol Compliance Limitation Period Case Management Relief From Sanctions

Case Brief

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Parties

Lincolnshire County Council

Claimant

Mouchel Business Services Limited

1st Defendant

R. G. Carter Building Services Limited

2nd Defendant

Procedural Posture

Civil / Application to Set Aside Extension of Time for Service of Claim Form and Particulars of Claim

Legal Issues

  1. 1 Whether the order extending time for service of the Claim Form and Particulars of Claim should be set aside
  2. 2 Whether the claimant complied with the Pre-Action Protocol for Construction & Engineering Disputes
  3. 3 Whether there was a good reason for delay in serving proceedings

Ratio Decidendi

The claimant failed to act promptly and effectively after issuing proceedings, did not comply with the mandatory requirement to apply for directions on notice under the Protocol, and had no good reason for the delay. The order extending time was set aside and the claim struck out for failure to serve within the validity period of the Claim Form.

Court Disposition

Order set aside; claim against Mouchel struck out for failure to serve within time.

Orders

  • Order of Edwards-Stuart J extending time for service set aside.
  • Claim against Mouchel Business Services Limited struck out.