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England and Wales decisions
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The dominant purpose for making the traffic orders permanent was to safeguard revenue, which is not an authorised purpose under the Road Traffic Regulation Act 1984; therefore, the orders are unlawful and must be quashed.
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The Claimant failed to show a good reason for extending time for service of the claim form. The extension would deprive the Defendant of an arguable limitation defence, and there was material non-disclosure by the Claimant regarding the limitation issue. The extension of time is set aside, and the court has no jurisdiction to try the claim.
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Lloyds Developments Ltd v Accor S.A [2026] EWHC 232 (TCC) (13 February 2026)
The High Court set aside an extension of time for service, holding the claimant had not shown a good reason and had failed to disclose a live limitation issue.
Nefelia Shipping SA & Anor v Mosaic Fertilizantes Do Brazil LTDA & Anor [2025] EWHC 2941 (Comm) (11 November 2025)
The Commercial Court refused to set aside an extension of time for service, finding the claimants had sufficient reasons for delay and only minor disclosure breaches.
The Commercial Court refused to set aside a second extension of time for serving a claim form, finding sufficient reason for delay and only minor disclosure breaches.
Bali v 1-2 Couriers Ltd & Anor [2025] EWCA Civ 1413 (10 November 2025)
The Court of Appeal held that a claim form is issued on the date entered by the court on the sealed form, not the date it is sent out. The appeal against refusal of extra time for service was dismissed.
The extension of time for service on Valeo was set aside because the claimants failed to show a good reason for delay; there were no real settlement negotiations with Valeo and the delay was within the claimants' control. The jurisdictional gateways for service out were satisfied at the time of the order, but the forum with the closest connection to the dispute is France, not England and Wales, given the location of the parties, witnesses, documents, and the governing law. Accordingly, the claims against the remaining defendants are stayed or dismissed for lack of jurisdiction.
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The date of issue of the claim form is the date it is sealed and stamped by the court, not the date it is sent out; the solicitors did not take all reasonable steps to effect service within the prescribed period, and the judge was right to refuse an extension of time.
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Cavadore Ltd & Anor v Jawa & Anor [2025] EWHC 2222 (Ch) (29 August 2025)
The High Court set aside extensions for serving a claim form and set aside service on the second defendant, finding no good reason, no reasonable steps, and material non-disclosure.
The High Court set aside prior extensions for service, found material non-disclosure and delay, and rejected retrospective extension and alternative service applications.
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