The Occupiers of Samuel Garside House v Bellway Homes Limited & Anor

The Occupiers of Samuel Garside House v Bellway Homes Limited & Anor

Service of claim form by appropriate method, even if out of time, triggers CPR time limits for acknowledgment of service and jurisdiction challenge. Defendant must seek relief from sanctions for late acknowledgment and jurisdiction challenge. Relief from sanctions was refused due to serious breach and lack of good reason. Extension of time for particulars of claim was granted due to short delay and prompt application. Addition of new claimants was allowed, with joinder deemed at date of order and limitation issues reserved for trial.

Parties
Claimant: THE OCCUPIERS OF SAMUEL GARSIDE HOUSE; First Defendant: BELLWAY HOMES LIMITED; Second Defendant: SHEPPARD ROBSON LIMITED
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Civil / Post Judgment Interlocutory Application
Outcome
Relief from sanctions for late acknowledgment of service and jurisdiction challenge refused; extension of time for particulars of claim granted; permission to add new claimants granted with joinder deemed at date of order.
Legal Topics
Late Service of Claim Form, Relief From Sanctions, Jurisdiction Challenge, Extension of Time, Addition of Parties, Limitation Act 1980
Civil Procedure Limitation of Actions Late Service of Claim Form Relief From Sanctions Jurisdiction Challenge Extension of Time Addition of Parties Limitation Act 1980

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Parties

THE OCCUPIERS OF SAMUEL GARSIDE HOUSE

Claimant

BELLWAY HOMES LIMITED

First Defendant

SHEPPARD ROBSON LIMITED

Second Defendant

Procedural Posture

Civil / Post Judgment Interlocutory Application

Legal Issues

  1. 1 Whether late service of claim form renders claim in limbo or dead
  2. 2 Whether defendant can file acknowledgment of service out of time and mount CPR Part 11 jurisdiction challenge
  3. 3 Whether claimant can serve particulars of claim out of time

Ratio Decidendi

Service of claim form by appropriate method, even if out of time, triggers CPR time limits for acknowledgment of service and jurisdiction challenge. Defendant must seek relief from sanctions for late acknowledgment and jurisdiction challenge. Relief from sanctions was refused due to serious breach and lack of good reason. Extension of time for particulars of claim was granted due to short delay and prompt application. Addition of new claimants was allowed, with joinder deemed at date of order and limitation issues reserved for trial.

Court Disposition

Relief from sanctions for late acknowledgment of service and jurisdiction challenge refused; extension of time for particulars of claim granted; permission to add new claimants granted with joinder deemed at date of order.

Orders

  • Claimant granted extension of time for service of particulars of claim.
  • First defendant permitted to file acknowledgment of service out of time only on condition that no CPR Part 11 application is made.