[2025] EWHC 2941 (Comm)

The order was granted on 22 September 2023 by Calver J. (“the First Extension Order”), but it was not until 04 October 2024 that documents were lodged with the FPS which complied with the requirements for service in Brazil.

On 07 November 2024, the Claimants applied (without notice) under CPR r.7.6(2) for a further extension of time for service of the Claim Form to 15 November 2025, which was granted (on paper as requested) by Knowles J. on 14 November 2024 subject to a liberty to the Defendants to apply to set aside that order (“the Second Extension Order”).

The Claimants obtained an order from Foxton J. permitting them to effect service of the Claim Form by alternative means on 14 April 2025 (“the Alternative Service Order”).

On 22 April 2025, the Claim Form was served on the Defendants by the alternative methods permitted by the Alternative Service Order.

The Defendants apply in accordance with the liberty in the Second Extension Order to set aside that extension of time for service of the Claim Form. The Defendants further submit that if that application is successful, then the Claim Form should be set aside and the Court should decline to exercise jurisdiction in the matter.

The basis for the Defendants’ application is that: