Lonsdale & Ors v Wedlake Bell Llp & Ors [2022] EWHC 2169 (QB) (19 August 2022)

Lonsdale & Ors v Wedlake Bell Llp & Ors [2022] EWHC 2169 (QB) (19 August 2022)

The claimants failed to serve the July Claim Form within the extended deadline and did not obtain a further written extension. There was no clear representation by the defendants to found an estoppel, and the claimants did not act with reasonable diligence. The requirements for validating service under CPR r. 6.15(2) or dispensing with service under CPR r. 6.16 were not met. Accordingly, the court has no jurisdiction to hear the claims in the July Claim Form.

Citation
[2022] EWHC 2169
Parties
Claimant: James Lonsdale; Claimant: Laura Lonsdale; Claimant: Jonathan Greig; Claimant: Dane Halling; Claimant: Leonora Lonsdale; Claimant: Rosanna Lonsdale; Claimant: Arthur Lonsdale; Claimant: Esme Lonsdale; Defendant: Wedlake Bell LLP; Defendant: Cumberland Ellis LLP; Defendant: Ann Stanyer; Defendant: QBE UK Limited
Jurisdiction
England and Wales
Judgment Date
19 August 2022
Procedural Posture
Civil Professional Negligence / Interlocutory Application Regarding Service of Claim Form and Jurisdiction
Outcome
Claimants' application dismissed; Defendants' application granted.
Legal Topics
Service of Claim Form, Extension of Time, Promissory Estoppel, Alternative Service, Limitation Periods
Civil Procedure Professional Negligence Service of Claim Form Extension of Time Promissory Estoppel Alternative Service Limitation Periods

Case Brief

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Parties

James Lonsdale

Claimant

Laura Lonsdale

Claimant

Jonathan Greig

Claimant

Dane Halling

Claimant

Leonora Lonsdale

Claimant

Rosanna Lonsdale

Claimant

Arthur Lonsdale

Claimant

Esme Lonsdale

Claimant

Wedlake Bell LLP

Defendant

Cumberland Ellis LLP

Defendant

Ann Stanyer

Defendant

QBE UK Limited

Defendant

Procedural Posture

Civil Professional Negligence / Interlocutory Application Regarding Service of Claim Form and Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to hear the claim set out in the July Claim Form given late service
  2. 2 Whether the claimants are entitled to rely on promissory estoppel to validate late service
  3. 3 Whether the court should validate service under CPR r. 6.15(2)

Ratio Decidendi

The claimants failed to serve the July Claim Form within the extended deadline and did not obtain a further written extension. There was no clear representation by the defendants to found an estoppel, and the claimants did not act with reasonable diligence. The requirements for validating service under CPR r. 6.15(2) or dispensing with service under CPR r. 6.16 were not met. Accordingly, the court has no jurisdiction to hear the claims in the July Claim Form.

Court Disposition

Claimants' application dismissed; Defendants' application granted.

Orders

  • Service of the July Claim Form on 19 January 2022 is set aside.
  • Declaration that the court has no jurisdiction to hear the claims in the July Claim Form.