Sodastream Ltd v Coates & Ors

Sodastream Ltd v Coates & Ors

No good reasons were shown for the fourth and fifth extensions of time for service; the claimant failed to act with proper urgency and diligence, and the prejudice to the fifth defendant's limitation defence outweighed any justification for the extensions. The orders extending time and the service on the fifth defendant must be set aside.

Parties
Claimant: Sodastream Limited (In liquidation) by James Richard Duckworth; Defendant: Paul Christopher Coates; Defendant: Peter Gordon Wiseburgh; Defendant: Julia Ann Hampshire; Defendant: Moshe Bar Haim; Defendant: Dan Firer
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Civil / Application to Set Aside Orders Extending Time for Service and Service of Claim Form
Outcome
Application granted; orders extending time for service on the fourth and fifth occasions set aside; service of claim form on fifth defendant set aside.
Legal Topics
Extension of Time for Service, Limitation Period, Service Out of Jurisdiction, Directors' Duties, Without Notice Applications
Civil Procedure Company Law Insolvency Extension of Time for Service Limitation Period Service Out of Jurisdiction Directors' Duties Without Notice Applications

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Parties

Sodastream Limited (In liquidation) by James Richard Duckworth

Claimant

Paul Christopher Coates

Defendant

Peter Gordon Wiseburgh

Defendant

Julia Ann Hampshire

Defendant

Moshe Bar Haim

Defendant

Dan Firer

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant had good reason for failure to serve the claim form within the prescribed period
  2. 2 Whether the orders extending time for service should be set aside due to misstatements and non-disclosure
  3. 3 Whether the service of the claim form on the fifth defendant should be set aside

Ratio Decidendi

No good reasons were shown for the fourth and fifth extensions of time for service; the claimant failed to act with proper urgency and diligence, and the prejudice to the fifth defendant's limitation defence outweighed any justification for the extensions. The orders extending time and the service on the fifth defendant must be set aside.

Court Disposition

Application granted; orders extending time for service on the fourth and fifth occasions set aside; service of claim form on fifth defendant set aside.

Orders

  • Orders extending time for service made on 2 December 2008 and 13 February 2009 set aside.
  • Service of the claim form on the fifth defendant set aside.