NV Procter & Gamble International & Ors v Gartner KG & Ors [2005] EWHC 960 (Comm) (20 May 2005)

NV Procter & Gamble International & Ors v Gartner KG & Ors [2005] EWHC 960 (Comm) (20 May 2005)

Despite criticisms of the claimants' lack of detailed explanation for the delay, the court found it would be disproportionate to set aside the extensions of time, as there was no prejudice to the defendant and the claimants' conduct did not justify depriving them of their claim.

Source-derived case information.

Citation
[2005] EWHC 960 (Comm)
Parties
Claimant: NV Procter & Gamble International & 2 Others; Defendant: Gartner KG & 4 Others
Jurisdiction
England and Wales
Judgment Date
20 May 2005
Procedural Posture
Commercial Court Application / Application to Set Aside Orders Extending Time for Service of Claim Form
Outcome
Application refused
Legal Topics
Extension of Time for Service, Discretion Under CPR, Cargo Claims, Service Out of Jurisdiction
Civil Procedure Commercial Law Extension of Time for Service Discretion Under CPR Cargo Claims Service Out of Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

NV Procter & Gamble International & 2 Others

Claimant

Gartner KG & 4 Others

Defendant

Procedural Posture

Commercial Court Application / Application to Set Aside Orders Extending Time for Service of Claim Form

Legal Issues

  1. 1 Whether the claimants provided sufficient explanation for delay in serving the claim form
  2. 2 Whether the court should exercise its discretion to set aside orders extending time for service

Ratio Decidendi

Despite criticisms of the claimants' lack of detailed explanation for the delay, the court found it would be disproportionate to set aside the extensions of time, as there was no prejudice to the defendant and the claimants' conduct did not justify depriving them of their claim.

Court Disposition

Application refused

Orders

  • Extensions of time for service of the claim form are not set aside.