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

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

The Claimants failed to take a valid service step within the time prescribed by CPR7.5 and the November Order; no written agreement to extend time was established; relief from sanctions is unavailable as all reasonable steps were not taken; defective service does not render the claim a nullity but Defendants require permission to file acknowledgments of service out of time to challenge jurisdiction; amendment of the Second Defendant's name and addition of parties is adjourned for further evidence and hearing.

Parties
Claimant: The Occupiers of Samuel Garside House; First Defendant: Bellway Homes Limited; Second Defendant: Sheppard Robson Architects LLP
Jurisdiction
England and Wales
Judgment Date
08 January 2024
Procedural Posture
Civil / Interlocutory Judgment on Applications for Declaration of Valid Service, Relief From Sanctions, Amendment of Party Name, and Extension of Time
Outcome
Claimants' applications for declaration of valid service, relief from sanctions, and extension of time refused; amendment and addition of parties adjourned for further hearing.
Legal Topics
Service of Claim Form, Relief From Sanctions, Amendment of Parties, Limitation Periods, Jurisdictional Challenge
Civil Procedure Limitation of Actions Service of Claim Form Relief From Sanctions Amendment of Parties Limitation Periods Jurisdictional Challenge

Case Brief

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Parties

The Occupiers of Samuel Garside House

Claimant

Bellway Homes Limited

First Defendant

Sheppard Robson Architects LLP

Second Defendant

Procedural Posture

Civil / Interlocutory Judgment on Applications for Declaration of Valid Service, Relief From Sanctions, Amendment of Party Name, and Extension of Time

Legal Issues

  1. 1 Whether the Claim Form was validly served within the time prescribed by CPR7.5 and the November Order
  2. 2 Whether the Claimants are entitled to relief from sanctions for late service
  3. 3 Whether the Claimants can amend the name of the Second Defendant to Sheppard Robson Limited

Ratio Decidendi

The Claimants failed to take a valid service step within the time prescribed by CPR7.5 and the November Order; no written agreement to extend time was established; relief from sanctions is unavailable as all reasonable steps were not taken; defective service does not render the claim a nullity but Defendants require permission to file acknowledgments of service out of time to challenge jurisdiction; amendment of the Second Defendant's name and addition of parties is adjourned for further evidence and hearing.

Court Disposition

Claimants' applications for declaration of valid service, relief from sanctions, and extension of time refused; amendment and addition of parties adjourned for further hearing.

Orders

  • Claimants did not comply with CPR7.5 and November Order for service; declaration of valid service refused.
  • Relief from sanctions and extension of time for service refused.