Clarion Housing Association Limited v Crest Nicholson Operations Limited

Clarion Housing Association Limited v Crest Nicholson Operations Limited

Relief from sanctions for late acknowledgment of service was refused due to lack of good reason and the defendant's attempt to apply a double standard. Service of claim form and particulars of claim was validly effected on 9 December 2022 at the defendant's registered office, and the stay did not nullify service. No procedural defect requiring court order was found. Costs were awarded to the claimant at 75% of its assessed costs.

Parties
Claimant: Clarion Housing Association Limited; Defendant: Crest Nicholson Operations Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2023
Procedural Posture
Civil Building Contract Dispute / Ruling on Procedural Applications
Outcome
Defendant's application for relief from sanctions and jurisdiction challenge dismissed; claimant's application for confirmation of service not required; costs awarded.
Legal Topics
Relief From Sanctions, Service of Claim Form, Jurisdiction Challenge, Stay of Proceedings, Costs Assessment
Civil Procedure Contract Law Construction Law Relief From Sanctions Service of Claim Form Jurisdiction Challenge Stay of Proceedings Costs Assessment

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Parties

Clarion Housing Association Limited

Claimant

Crest Nicholson Operations Limited

Defendant

Procedural Posture

Civil Building Contract Dispute / Ruling on Procedural Applications

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late filing of acknowledgment of service
  2. 2 Whether service of claim form and particulars of claim during a stay was valid
  3. 3 Whether particulars of claim were served late

Ratio Decidendi

Relief from sanctions for late acknowledgment of service was refused due to lack of good reason and the defendant's attempt to apply a double standard. Service of claim form and particulars of claim was validly effected on 9 December 2022 at the defendant's registered office, and the stay did not nullify service. No procedural defect requiring court order was found. Costs were awarded to the claimant at 75% of its assessed costs.

Court Disposition

Defendant's application for relief from sanctions and jurisdiction challenge dismissed; claimant's application for confirmation of service not required; costs awarded.

Orders

  • Defendant to pay 75% of claimant's costs for both applications.
  • Claim form and particulars of claim deemed validly served on 9 December 2022.