Cavadore Limited & Anor v Mohammed Jawa & Anor

Cavadore Limited & Anor v Mohammed Jawa & Anor

The claimants failed to take reasonable steps to serve the claim form within the validity period, did not disclose material limitation issues and unpaid costs, and did not have good reason for the extensions. The extension orders and service are set aside as against the second defendant. Retrospective extension and alternative service applications are dismissed.

Parties
Claimant: Cavadore Limited; Claimant: Magenta Black Trading Limited; Defendant: Mohammed Jawa; Defendant: Modern Food Company Limited
Jurisdiction
England and Wales
Judgment Date
29 August 2025
Procedural Posture
Civil / Ruling on Applications to Set Aside Extension Orders and Service
Outcome
Extension orders and service set aside as against the second defendant; applications for retrospective extension and alternative service dismissed.
Legal Topics
Extension of Time for Service, Limitation Periods, Full and Frank Disclosure, Alternative Service, Relief From Sanctions
Civil Procedure Contract Law Equity Extension of Time for Service Limitation Periods Full and Frank Disclosure Alternative Service Relief From Sanctions

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Parties

Cavadore Limited

Claimant

Magenta Black Trading Limited

Claimant

Mohammed Jawa

Defendant

Modern Food Company Limited

Defendant

Procedural Posture

Civil / Ruling on Applications to Set Aside Extension Orders and Service

Legal Issues

  1. 1 Whether the claimants took reasonable steps to serve the claim form within the validity period
  2. 2 Whether the extension orders for service should be set aside due to non-disclosure and delay
  3. 3 Whether limitation defences would be prejudiced by extensions

Ratio Decidendi

The claimants failed to take reasonable steps to serve the claim form within the validity period, did not disclose material limitation issues and unpaid costs, and did not have good reason for the extensions. The extension orders and service are set aside as against the second defendant. Retrospective extension and alternative service applications are dismissed.

Court Disposition

Extension orders and service set aside as against the second defendant; applications for retrospective extension and alternative service dismissed.

Orders

  • First, Second, and Third Extension Orders set aside as against the second defendant.
  • Service of the claim form set aside as against the second defendant.