The following applications required determination following the oral hearing:
The Claimant’s applications for amendment of section 8 of the claim form to include an application for an extension of time of one day, relief from sanctions and the extension of time for filing as sought;
The Defendant’s application for an extension of time for filing its Acknowledgment of Service (‘AoS’) and relief from sanctions;
Subject to being satisfied that a legitimate challenge to the Court’s jurisdiction was engaged:
The Defendant’s application for a stay and a declaration that the court lacks jurisdiction to try the claim by virtue of the application of the Civil Jurisdiction and Justice Act 1982 (the CJJA) and/or the Union with Scotland Act 1706; or
In the alternative, that the court should exercise its discretion to stay this claim based upon the principles of forum non conveniens.
Conclusions
For the reasons that follow, my conclusions on the above applications are:
To grant the Claimant permission to amend, an extension of time to file the claim form;
To grant the Defendant an extension of time for filing the AoS and relief from sanctions;
To accept that there is an extant challenge to the jurisdiction of this Court, but to refuse the Defendant’s application for a declaration and/or stay of proceedings and to permit the Claim to proceed to the permission stage.
His Honour Judge Simon
[2021] EWHC 2256 (Admin)
Bailii
England and Wales
Updated: 11 August 2021; Ref: scu.666522