The defendant asked the court to decline jurisdiction.
Held: Gloster J stated: ‘In the present case the relevant requirement is to be found in CPR 7.5. That provides that a claim form which is to be served within the jurisdiction must be served within four months of the date of issue; and one which is to be served outside the jurisdiction must be served within six months of the date of issue. There is no additional requirement upon the claimant to serve ‘forthwith’ or ‘as soon as practicable’. Nor is there any obligation upon a claimant to choose the quickest method of service, for example personal service rather than service by contractually-agreed method. Under CPR 7.6, a claimant who seeks to extend the time for compliance with CPR 7.5, must explain how he has taken all reasonable steps to comply with rule 7.5 (i.e. served within the requisite four- or six-month period), not how he has acted with all reasonable speed since issue of the claim form.’
‘However, in any event, it does not seem to me that my conclusion as to the reasonableness of UBS’ behaviour is of any relevance. It cannot be appropriate that, under Article 30, the relevant court has to conduct an enquiry as to whether, applying some wholly uncertain subjective criteria, it regards the issuing party as having inappropriately delayed the service of process. That would introduce the very uncertainty that Article 30 was apparently designed to avoid. The only criterion has to be that the issuing party has subsequently ‘failed to take the steps he was required to take to have service effected on the defendant’.’
Judges:
Gloster DBE J
Citations:
[2010] EWHC 2566 (Comm), [2012] Bus LR D15, [2010] 2 CLC 499
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Thum v Thum FC 21-Oct-2016
No abuse of process in service error
The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II.
Held: H’s application was . .
Cited – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 25 August 2022; Ref: scu.425314