Fit Kitchen Ltd & Anor v Relx Group UK PLC & Anor [2023] EWHC 1954 (KB) (01 February 2023)

Fit Kitchen Ltd & Anor v Relx Group UK PLC & Anor [2023] EWHC 1954 (KB) (01 February 2023)

CPR 7.5 applies to Part 8 claim forms; the claimants failed to serve the claim form within four months of issue; no valid extension or validation of service was sought or justified; the defendants did not waive their right to contest jurisdiction; and there is no basis for a stay. The court therefore has no jurisdiction and the claim must be set aside.

Citation
[2023] EWHC 1954 (KB)
Parties
Claimant: Fit Kitchen Limited; Claimant: Amar Lodhia; Defendant: Relx Group Plc; Defendant: Relx UK Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
High Court Civil Claim (defamation/libel) / Application to Set Aside Claim for Non Service Within Time; Jurisdictional Challenge
Outcome
Claim set aside for lack of jurisdiction due to non-service within time.
Legal Topics
Service of Claim Form, Jurisdiction, CPR Part 7 and Part 8, Extension of Time, Waiver of Service, Company Winding Up, Stay of Proceedings
Civil Procedure Defamation Insolvency Service of Claim Form Jurisdiction CPR Part 7 and Part 8 Extension of Time Waiver of Service +2 more

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Parties

Fit Kitchen Limited

Claimant

Amar Lodhia

Claimant

Relx Group Plc

Defendant

Relx UK Limited

Defendant

Procedural Posture

High Court Civil Claim (defamation/libel) / Application to Set Aside Claim 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 the court validate late service or grant an extension?

Ratio Decidendi

CPR 7.5 applies to Part 8 claim forms; the claimants failed to serve the claim form within four months of issue; no valid extension or validation of service was sought or justified; the defendants did not waive their right to contest jurisdiction; and there is no basis for a stay. The court therefore has no jurisdiction and the claim must be set aside.

Court Disposition

Claim set aside for lack of jurisdiction due to non-service within time.

Orders

  • Claim form set aside under CPR 11 for lack of jurisdiction.
  • Claimants to pay defendants' costs of the application.