AAA v BBB (a company incorporated and registered in Curacao) (Consequentials)

AAA v BBB (a company incorporated and registered in Curacao) (Consequentials)

The claim form was not served within the one-month period required by CPR 62.4(2); no reasonable steps were taken to serve it, and the application for extension was not made promptly. The court had no jurisdiction to retrospectively extend time for service. Material facts regarding expiry of the claim form were not disclosed to the court. Accordingly, the claim form and extension order must be set aside, and the WWFO discharged.

Parties
Claimant: AAA; Defendant: BBB; Non Cause of Action Defendant: CCC; Non Cause of Action Defendant: DDD; Non Cause of Action Defendant: EEE; Non Cause of Action Defendant: FFF; Non Cause of Action Defendant: GGG; Non Cause of Action Defendant: HHH; Non Cause of Action Defendant: III; Non Cause of Action Defendant: JJJ; Non Cause of Action Defendant: KKK; Non Cause of Action Defendant: LLL; Non Cause of Action Defendant: MMM; Non Cause of Action Defendant: NNN
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Arbitration Related Commercial Claim / Return Date Hearing for Worldwide Freezing Order; Application to Set Aside Claim Form, Extension Order, and Discharge WWFO
Outcome
Applications by BBB and CCC Defendants succeed; claim form and extension order set aside; WWFO discharged.
Legal Topics
Extension of Time for Service, Worldwide Freezing Orders, Jurisdictional Challenge, Material Non Disclosure, Service Out of Jurisdiction, CPR 7.6, CPR 62.4(2)
Civil Procedure Arbitration Commercial Law Extension of Time for Service Worldwide Freezing Orders Jurisdictional Challenge Material Non Disclosure Service Out of Jurisdiction +2 more

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Parties

AAA

Claimant

BBB

Defendant

CCC

Non Cause of Action Defendant

DDD

Non Cause of Action Defendant

EEE

Non Cause of Action Defendant

FFF

Non Cause of Action Defendant

GGG

Non Cause of Action Defendant

HHH

Non Cause of Action Defendant

III

Non Cause of Action Defendant

JJJ

Non Cause of Action Defendant

KKK

Non Cause of Action Defendant

LLL

Non Cause of Action Defendant

MMM

Non Cause of Action Defendant

NNN

Non Cause of Action Defendant

Procedural Posture

Arbitration Related Commercial Claim / Return Date Hearing for Worldwide Freezing Order; Application to Set Aside Claim Form, Extension Order, and Discharge WWFO

Legal Issues

  1. 1 Whether the claim form was validly served within the required period
  2. 2 Whether the court had jurisdiction to extend time for service retrospectively
  3. 3 Whether material facts were disclosed in the extension application

Ratio Decidendi

The claim form was not served within the one-month period required by CPR 62.4(2); no reasonable steps were taken to serve it, and the application for extension was not made promptly. The court had no jurisdiction to retrospectively extend time for service. Material facts regarding expiry of the claim form were not disclosed to the court. Accordingly, the claim form and extension order must be set aside, and the WWFO discharged.

Court Disposition

Applications by BBB and CCC Defendants succeed; claim form and extension order set aside; WWFO discharged.

Orders

  • Claim form set aside.
  • Order purporting to extend time for service set aside.