NV Procter & Gamble International & Ors v Gartner KG & Ors

NV Procter & Gamble International & Ors v Gartner KG & Ors

Despite criticisms of the claimants' lack of detailed explanation for delay, it would be disproportionate to set aside the extensions of time as the defendant was aware of the claim, suffered no prejudice, and the overall objective of justice would not be served by depriving the claimants of their claim.

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 / Application to Set Aside Orders Extending Time for Service of Claim Form
Outcome
Application to set aside extensions of time 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

Case Brief

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Parties

NV Procter & Gamble International & 2 Others

Claimant

Gartner KG & 4 Others

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the extensions of time for service of the claim form on the defendant should be set aside
  2. 2 Whether the claimants provided sufficient explanation for delay in service
  3. 3 Whether it would be disproportionate to deprive claimants of their claim due to procedural delays

Ratio Decidendi

Despite criticisms of the claimants' lack of detailed explanation for delay, it would be disproportionate to set aside the extensions of time as the defendant was aware of the claim, suffered no prejudice, and the overall objective of justice would not be served by depriving the claimants of their claim.

Court Disposition

Application to set aside extensions of time refused

Orders

  • Gartner's application to set aside the extensions of time for service is refused