The Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2025] EWHC 772 (KB) (13 January 2025)

The Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2025] EWHC 772 (KB) (13 January 2025)

The court held that defective or late service does not automatically nullify the claim form or proceedings; the claim remains extant unless and until the court declines jurisdiction. A defendant must seek permission to file an acknowledgment of service out of time and, if granted, may then pursue a CPR Part 11 jurisdiction challenge. The statutory waiver under CPR 11 applies if no timely application is made after acknowledgment of service. The court refused to grant the first defendant permission to file an acknowledgment of service out of time for the purpose of a jurisdiction challenge, and refused permission to the claimant to serve particulars of claim out of time, effectively...

Citation
[2025] EWHC 772 (KB)
Parties
Claimant: The Occupiers of Samuel Garside House; First Defendant: Bellway Homes Limited; Second Defendant: Sheppard Robson Limited
Jurisdiction
England and Wales
Judgment Date
13 January 2025
Procedural Posture
Civil Procedural (jurisdiction/service) / Post Judgment Applications Following Partial Settlement; Determination of Applications for Retrospective Extension of Time to File Acknowledgment of Service and to Serve Particulars of Claim Out of Time
Outcome
Applications refused; claim against first defendant cannot proceed.
Legal Topics
Service of Claim Form, Jurisdiction Challenge, Relief From Sanctions, Retrospective Extension of Time, Waiver of Jurisdictional Objection
Civil Procedure Service of Claim Form Jurisdiction Challenge Relief From Sanctions Retrospective Extension of Time Waiver of Jurisdictional Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 28 Party arguments 2
Sign in to unlock

Parties

The Occupiers of Samuel Garside House

Claimant

Bellway Homes Limited

First Defendant

Sheppard Robson Limited

Second Defendant

Procedural Posture

Civil Procedural (jurisdiction/service) / Post Judgment Applications Following Partial Settlement; Determination of Applications for Retrospective Extension of Time to File Acknowledgment of Service and to Serve Particulars of Claim Out of Time

Legal Issues

  1. 1 Whether the first defendant should be permitted to file an acknowledgment of service out of time and make a CPR Part 11 jurisdiction challenge
  2. 2 Whether the claimant should be permitted to file and serve particulars of claim out of time
  3. 3 Whether additional claimants should be added if the claim survives, and on what terms

Ratio Decidendi

The court held that defective or late service does not automatically nullify the claim form or proceedings; the claim remains extant unless and until the court declines jurisdiction. A defendant must seek permission to file an acknowledgment of service out of time and, if granted, may then pursue a CPR Part 11 jurisdiction challenge. The statutory waiver under CPR 11 applies if no timely application is made after acknowledgment of service. The court refused to grant the first defendant permission to file an acknowledgment of service out of time for the purpose of a jurisdiction challenge, and refused permission to the claimant to serve particulars of claim out of time, effectively...

Court Disposition

Applications refused; claim against first defendant cannot proceed.

Orders

  • Refusal of first defendant's application for retrospective extension of time to file acknowledgment of service and make CPR Part 11 jurisdiction challenge.
  • Refusal of claimant's application for permission to serve particulars of claim out of time.