![BL-2021-000228 - [2025] EWHC 2222 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
Will a limitation defence be prejudiced by the Extensions?
Will a limitation defence be prejudiced by the Extensions?
Mr De Froment says that even if the defendants are correct that limitation defences arose in November 2023 so that limitation was in issue from the August 2022 Application onwards the circumstances in which the Extension Orders were sought must be considered:
the hearing before Deputy Master Arkush was inter partes. He and the defendants would have been aware of the causes of action and the material dates for limitation purposes when it was agreed that service be “under the rules which themselves flow from international conventions” rather than by alternative (and faster) means: Arkush Judgment [16]; and
the time when any limitation point would have been material was accordingly before Deputy Master Arkush, not on the Extension Applications. The Extension Applications were necessitated by delays in service by the KSA authorities which were outside the claimants’ control and presumably unforeseen by Deputy Master Arkush.
It would be unjust if the slowness of service by the KSA authorities were allowed to operate retrospectively to negate the effect of the Arkush Order and cause them to lose valuable claims against the defendants. The claimants have other claims for which limitation is not an issue.
- Heading
- The Applications
- ( the Set Aside Application )
- The Set Aside Application
- The Parties and the Claims
- The Law
- Applications For Extensions Without Notice
- Limitation
- The Second Defendant’s Submissions
- Full and frank disclosure
- No exceptional circumstances or good reasons
- The Claimant’s Submissions
- Will a limitation defence be prejudiced by the Extensions?
- Reasonable steps to serve within time
- Alleged non-disclosure - Limitation
- Alleged Non-Disclosure - Unpaid Costs
- Alleged Non-Disclosure - Delays in service
- Injustice to the Cs
- Discussion and Conclusions on the Set Aside Application
- CPR rules 7.6(3), 6.16 and 6.15
- Claimants’ Submissions
- Second Defendant’s Submissions
- Conclusions