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Claim No.: CL-2023-000549
Neutral Citation Number: [2025] EWHC 2941 (Comm)
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 11/11/2025
Before:
Nigel Cooper KC sitting as a Deputy High Court Judge
Between:
(1) NEFELIA SHIPPING SA (2) UNITED KINGDOM MUTUAL STEAMSHIP ASSURANCE ASSOCIATION (EUROPE LIMITED | Claimants |
- and - | |
(1) MOSAIC FERTILIZANTES DO BRAZIL LTDA (2) SEGUROS SURA SA | Defendants |
John Bignall (instructed by Shearwater Law) for the Defendants
Alex Carless (instructed by Watson Farley & Williams LLP) for the Claimants
Hearing dates: 11 July 2025
JUDGMENT
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- 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