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Litigation - mistakes as to service of official Court documents - Court of Appeal provides decision
13 January 2012
On 18th November 2011 the Court of Appeal delivered a Judgment in a case, on the issue of service of official Court documents, in accordance with the rules of Court.
Proceedings were issued, but in order for them to be effective, the Court papers had to be served. Rather than effecting service to save any problems, the papers were delivered (but not served), and the parties then engaged in correspondence relating to extensions, a stay of proceedings etc. Ultimately an argument came about as to whether, because the Court documents had not been served, the claim was not out of time in law, or whether the Court would exercise its discretion, by extending such limitation.
The Court of Appeal was not impressed. Huge costs had been incurred and the Court's time wasted in unnecessary arguments, all of which could have been avoided if service had simply been effected in the beginning, rather than extensions, stays and so forth being agreed, then disputed and matters being left until the last minute.
The Claimants were prevented from continuing.
(1) Bethell Construction Ltd (2) Bethell Group Plc -v- Deloitte & Touche CA (Civ Div) (Sir Andrew Morritt (Chancellor), Hooper LJ, Rafferty LJ) 18/11/2011
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Andrew Petchey, Partner, Litigation Team, Howell Jones solicitors
