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Conclusions
Conclusion
For the reasons set out above:
I dismiss the Defendants’ application to set aside the Second Extension Order; and
I dismiss the Defendants’ application (i) to set aside the Claim Form and service thereof and (ii) for a declaration that the Court will not exercise jurisdiction to try this action.
I would be grateful if the parties could liaise over a final order reflecting the terms of this judgment for my approval.
- Heading
- Mr. Nigel Cooper KC
- “… allows a reasonable margin, while still respecting the reasons for the default validity period and the importance of speedy service.”
- The relevant legal principles
- Background
- Section 5
- The Guidance reasonably available to WFW at the time of submitting the documents to the FPS for service
- Were there good reasons for the Claimants’ failure to serve the Claim Form within its period of initial validity?
- Was there a breach of the duty of full and frank disclosure?
- Conclusions