Fit Kitchen Limited & Anor v Relx Group UK Plc & Anor

Fit Kitchen Limited & Anor v Relx Group UK Plc & Anor

CPR 7.5 applies to Part 8 claim forms; the claimants failed to serve the claim form within four months of issue and provided no evidence or justification for late service. No statutory or common law waiver by the defendants occurred. The court therefore declines jurisdiction and sets aside the claim form.

Parties
Plaintiff: Fit Kitchen Limited; Plaintiff: Amar Lodhia; Defendant: Relx Group Plc; Defendant: Relx UK Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
Civil (defamation/libel) / Ruling on Application to Set Aside Claim Form for Non Service Within Time; Jurisdictional Challenge
Outcome
Claim form set aside; court declines jurisdiction.
Legal Topics
Service of Process, Jurisdiction, Waiver of Jurisdiction, Extension of Time, Alternative Service, Dispensing With Service, Limitation Periods, Company Winding Up, Bankruptcy, Case Management
Civil Procedure Defamation Insolvency Service of Process Jurisdiction Waiver of Jurisdiction Extension of Time Alternative Service +5 more

Case Brief

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Parties

Fit Kitchen Limited

Plaintiff

Amar Lodhia

Plaintiff

Relx Group Plc

Defendant

Relx UK Limited

Defendant

Procedural Posture

Civil (defamation/libel) / Ruling on Application to Set Aside Claim Form for Non Service Within Time; Jurisdictional Challenge

Legal Issues

  1. 1 Does CPR 7.5 (four-month service rule) apply to Part 8 claim forms?
  2. 2 Was the claim form served within the required time?
  3. 3 Should late service be validated or time extended?

Ratio Decidendi

CPR 7.5 applies to Part 8 claim forms; the claimants failed to serve the claim form within four months of issue and provided no evidence or justification for late service. No statutory or common law waiver by the defendants occurred. The court therefore declines jurisdiction and sets aside the claim form.

Court Disposition

Claim form set aside; court declines jurisdiction.

Orders

  • Declaration that the court will not exercise any jurisdiction it may have over the claim.
  • Order setting aside the claim form.