Clarion Housing Association Ltd v Crest Nicholson Operations Ltd [2023] EWHC 620 (TCC) (27 February 2023)

Clarion Housing Association Ltd v Crest Nicholson Operations Ltd [2023] EWHC 620 (TCC) (27 February 2023)

Relief from sanctions for the defendant's late acknowledgment of service was refused due to lack of good reason and the defendant's own fault. The court found that service of the claim form and particulars of claim was valid on 9 December 2022, as delivery to the registered office sufficed and the stay did not nullify service. The particulars of claim were served in time, and no relief from sanctions was required for the claimant. The defendant's jurisdiction challenge failed on all grounds.

Citation
[2023] EWHC 620 (TCC)
Parties
Claimant: Clarion Housing Association Limited; Defendant: Crest Nicholson Operations Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2023
Procedural Posture
Building Contract Dispute / Procedural Applications Regarding Relief From Sanctions, Jurisdiction Challenge, and Confirmation of Service
Outcome
Defendant's applications dismissed; claimant's application unnecessary; costs awarded to claimant at 75%.
Legal Topics
Relief From Sanctions, Service of Claim Form, Jurisdiction Challenge, Stay of Proceedings, Costs Assessment
Civil Procedure Construction Law Relief From Sanctions Service of Claim Form Jurisdiction Challenge Stay of Proceedings Costs Assessment

Case Brief

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Parties

Clarion Housing Association Limited

Claimant

Crest Nicholson Operations Limited

Defendant

Procedural Posture

Building Contract Dispute / Procedural Applications Regarding Relief From Sanctions, Jurisdiction Challenge, and Confirmation of Service

Legal Issues

  1. 1 Whether the defendant should be granted relief from sanctions for late filing of acknowledgment of service
  2. 2 Whether the court has jurisdiction to hear the claim given alleged defects in service and stay
  3. 3 Whether the particulars of claim were served in time

Ratio Decidendi

Relief from sanctions for the defendant's late acknowledgment of service was refused due to lack of good reason and the defendant's own fault. The court found that service of the claim form and particulars of claim was valid on 9 December 2022, as delivery to the registered office sufficed and the stay did not nullify service. The particulars of claim were served in time, and no relief from sanctions was required for the claimant. The defendant's jurisdiction challenge failed on all grounds.

Court Disposition

Defendant's applications dismissed; claimant's application unnecessary; costs awarded to claimant at 75%.

Orders

  • Defendant's application for relief from sanctions refused
  • Defendant's Part 11 jurisdiction challenge dismissed