QB-2022-002353 - [2025] EWHC 1836 (KB)

Under CPR r. 11(6), where the court makes a declaration that the court has no jurisdiction, it may also make provision discharging any order made before the claim was commenced or before the claim form was served. Under CPR r. 23.10, where an order is made without notice, a person affected may apply to have the order set aside or varied.

The Defendant contends that the orders of Master Gidden both to grant permission to serve out, and the orders for an extension of time to serve the Claim Form, should be set aside (‘The Relevant Orders’). His case is that if any of those orders (or at least the service out and The First, Second and Third Extension Orders) is set aside, then the court has no jurisdiction, because the claim form will not have been served during the period of its validity. His case is that each of these orders was obtained after a without notice hearing, during which the Claimant did not comply with its duty to make full and frank disclosure of all matters relevant to the court’s discretion.

The Defendant’s case is, in summary, that The Relevant Orders should be set aside because (1) there was a failure to make full and accurate disclosure of all material facts on the applications for those orders, and (ii) that there were not good grounds for the extensions of time.

The Claimant’s case did not accept that there had been any such failure; and that in any event the interests of justice required that The Relevant Orders should not be set aside.