FL-2024-000016 - [2025] EWHC 1903 (Comm)

Fecha: 25-Jul-2025

Abridgement of Time

16.

Dexia served its application for summary judgment on 2 July 2025, so that Torino had only 8 clear days formal notice of that application, rather than the 14 days specified in CPR r. 24.4(5). The Court has the power to abridge the period of 14 days if such abridgement, in a particular case, is compatible with the overriding objective.

17.

As, again, I indicated on 11 July 2025, I was satisfied that it was appropriate to abridge time so that the summary judgment application could be heard on 11 July.

18.

Dexia issued its application for summary judgment at a point at which it understood that the Court of Turin would rule on Dexia’s challenge to Italian jurisdiction within four months. On 27 June 2025, Dexia notified Torino of its intention to make applications, including for summary judgment, at the CMC fixed for 11 July 2025, and filed and served those applications on 2 July 2025. It was after that, namely on 7 July 2025, that the Court of Turin notified the parties of a listing date for Dexia’s jurisdiction challenge of January 2026. This meant that Dexia’s summary judgment application was no longer of the same urgency. On the other hand, by then Dexia had taken steps to prepare for a hearing of its summary judgment application on 11 July 2025.

19.

Against that background, the reasons why abridgement of time appeared to me to be appropriate in this case were these:

(1)

Torino was given informal notice of Dexia’s intention to make an application for summary judgment in Dexia’s CMIS served on 27 June 2025, and thus had 14 days’ informal notice of the application;

(2)

Delaying the summary judgment application would have served no useful purpose, as I was and am satisfied that Torino would still not participate even if there were an adjournment;

(3)

To delay the summary judgment application would, by contrast, have risked wasting costs because Dexia had already incurred costs in anticipation of the hearing of the summary judgment application on 11 July 2025; and

(4)

Torino will be protected by a provision in the relevant orders, including both that abridging time and, should it eventuate, that giving summary judgment, that, those orders having been made without hearing from Torino, Torino may apply to set them aside or vary them within 21 days of service of the order on Torino.