10 Jun 2020
The plaintiff failed to prove that the writ was validly served on the listed defendants within the 12‑month validity period and the affidavit of service lacked the mandatory, reasonably based declaration required by Order 10 r1(3)(b)(i); accordingly the claims against those defendants must be struck out and cannot proceed.
28 Nov 2018
Leave to appeal was granted because the plaintiffs had already instituted an appeal that would necessarily require the Court of Appeal to assess the judge's earlier interlocutory ruling; permitting the 26th defendant to appeal allows the appellate court to review the decision in context, avoids artificial restriction, and enables efficient resolution; costs of the leave application were ordered in the cause and the 26th defendant was granted an extension of time to serve his defence until 28 days after the Court of Appeal delivers its decision.
15 Nov 2017
The production summons was dismissed because the audit working papers for 2005–2010 were irrelevant to the liquidators' claims which arose from March–September 2011; the time extension summons was granted in part by giving the respondent a four-month extension to file and serve an affirmation in opposition by 4pm on 15 March 2018 on pain of being barred (an unless order), with direction that any further document applications require a properly particularised affirmation.
30 Sept 1997
A master should not grant a fixed extension to serve a defence and counterclaim without evidence (usually an affidavit) explaining why the period is required; absence of such evidence justifies the respondent's appeal and may affect costs allocation.
16 Feb 1993
The Court held that Master Cannon should have granted an extension of time when ordering substituted service; the Court exercised its power under r.204 to extend the time for service of the bankruptcy notice, and allowed the appeal, making a Receiving Order against the debtor.