Property Services LDN Limited v Laverstock Management Corporation Limited

Property Services LDN Limited v Laverstock Management Corporation Limited

The court has no jurisdiction to revisit Kerr J’s refusal to adjourn or to set aside his order; the claimant had every opportunity to raise issues of service before Kerr J, and any appeal lies to the Court of Appeal, not to this court.

Parties
Claimant/applicant: Property Services LDN Limited; Defendant/respondent: Laverstock Management Corporation Limited; Interested Party: Interested Parties
Jurisdiction
England and Wales
Judgment Date
23 June 2022
Procedural Posture
Civil / Ruling on Application to Set Aside Previous Order
Outcome
Application refused; certified totally without merit.
Legal Topics
Service of Documents, Injunctions, Jurisdiction, Administration of Companies
Civil Procedure Insolvency Service of Documents Injunctions Jurisdiction Administration of Companies

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Parties

Property Services LDN Limited

Claimant/applicant

Laverstock Management Corporation Limited

Defendant/respondent

Interested Parties

Interested Party

Procedural Posture

Civil / Ruling on Application to Set Aside Previous Order

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the application to set aside Kerr J's order
  2. 2 Whether proper service of the application notice and bundle was effected
  3. 3 Whether the claimant had opportunity to raise issues of service before Kerr J

Ratio Decidendi

The court has no jurisdiction to revisit Kerr J’s refusal to adjourn or to set aside his order; the claimant had every opportunity to raise issues of service before Kerr J, and any appeal lies to the Court of Appeal, not to this court.

Court Disposition

Application refused; certified totally without merit.

Orders

  • Application refused.
  • Application certified as totally without merit.