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England and Wales decisions
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Wei & Ors v Long & Ors [2025] EWHC 158 (KB) (31 January 2025)
The High Court set aside service out on D4, held Porkbun LLC was not a publisher or website operator, granted relief from sanctions, and dismissed the Claimants’ s.13 and Part 18 applications.
The Appellant was denied a fair hearing due to the County Court's sustained failure to list his application for an oral hearing, compounded by procedural errors and misapplication of the rules regarding service and jurisdiction. The refusal of permission to bring judicial review was based on a fundamental error of fact and law. The appeal is allowed, permission to bring judicial review is granted, and the Appellant's application to set aside the original order must be listed for hearing.
Source excerpt
Koro, R (On the Application Of) v County Court at Central London [2024] EWCA Civ 94 (08 February 2024)
The Court of Appeal held that the appellant had been denied a fair hearing and that the deputy judge had misunderstood the procedural history. Permission to appeal and to seek judicial review was granted.
Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636 (QB) (24 June 2022)
Appeal over late service of a claim form and CPR Part 11. The High Court held the defendant’s strike-out application could be treated as a CPR 11 application and dismissed the appeal.
The Court of Appeal held that CPR Part 11 applied to a stakeholder claim and that MPV, by not timely challenging jurisdiction, was deemed to accept jurisdiction.
Stephenson Harwood LLP v Medien Patentverwaltung AG [2020] EWCA Civ 1743 (17 December 2020)
The Court of Appeal held that MPV’s failure to challenge jurisdiction under CPR Part 11 meant it accepted jurisdiction in a stakeholder claim under CPR Part 86.
Stephenson Harwood LLP v Medien Patentverwaltung AG & Ors [2020] EWHC 1889 (Ch) (14 July 2020)
The High Court held that CPR Part 11 applied to a stakeholder application and that MPV’s failure to challenge jurisdiction meant it accepted jurisdiction.
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