James Fisher Everard Ltd & Ors v European Diesel Services [2021] EWHC 978 (Comm) (19 March 2021)

James Fisher Everard Ltd & Ors v European Diesel Services [2021] EWHC 978 (Comm) (19 March 2021)

The defendant is granted a short further extension of five weeks to serve a properly particularised defence, as justified by the need to collate documentation, obtain expert commentary, and finalise the defence, but any further extension will require substantiated evidence of changed circumstances.

Citation
[2021] EWHC 978 (Comm)
Parties
Claimant: James Fisher Everard Ltd & Two Others; Defendant: European Diesel Services
Jurisdiction
England and Wales
Judgment Date
19 March 2021
Procedural Posture
Commercial Court Application / Application for Extension of Time to Serve Defence
Outcome
Application for extension of time granted in part
Legal Topics
Extension of Time, Case Management, Service of Defence, Expert Evidence
Civil Procedure Commercial Law Extension of Time Case Management Service of Defence Expert Evidence

Case Brief

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Parties

James Fisher Everard Ltd & Two Others

Claimant

European Diesel Services

Defendant

Procedural Posture

Commercial Court Application / Application for Extension of Time to Serve Defence

Legal Issues

  1. 1 Whether the defendant should be granted an extension of time to serve its defence
  2. 2 What is the appropriate length of any extension

Ratio Decidendi

The defendant is granted a short further extension of five weeks to serve a properly particularised defence, as justified by the need to collate documentation, obtain expert commentary, and finalise the defence, but any further extension will require substantiated evidence of changed circumstances.

Court Disposition

Application for extension of time granted in part

Orders

  • Time for service of the defence extended by five weeks from the date of judgment
  • No unless order made; further extensions require substantiated justification