Malcolm -Green v And So To Bed Ltd

Malcolm -Green v And So To Bed Ltd

The extension of time for service of the claim form was set aside because no good reasons were advanced for the delay, there were no exceptional circumstances to justify the extension, and the Defendant would lose a limitation defence if the extension stood. The claim was struck out as a consequence.

Source-derived case information.

Parties
Claimant: Jonathan Malcolm-Green; Defendant: And So To Bed Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2013
Procedural Posture
Civil / Ruling on Application to Set Aside Extension of Time and Strike Out Claim
Outcome
Application granted; extension of time set aside; claim struck out.
Legal Topics
Extension of Time for Service, Copyright Infringement, Limitation Period, Striking Out Claim
Civil Procedure Intellectual Property Extension of Time for Service Copyright Infringement Limitation Period Striking Out Claim

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jonathan Malcolm-Green

Claimant

And So To Bed Limited

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Extension of Time and Strike Out Claim

Legal Issues

  1. 1 Whether the extension of time for service of the claim form should be set aside
  2. 2 Whether the claim should be struck out due to failure to serve within the prescribed period
  3. 3 Whether exceptional circumstances justify extension despite lack of good reason

Ratio Decidendi

The extension of time for service of the claim form was set aside because no good reasons were advanced for the delay, there were no exceptional circumstances to justify the extension, and the Defendant would lose a limitation defence if the extension stood. The claim was struck out as a consequence.

Court Disposition

Application granted; extension of time set aside; claim struck out.

Orders

  • Paragraph 1 of the Order of District Judge Lambert dated 15 August 2013 set aside.
  • Claim struck out.