Beijing Songxianghu Architectural and another -v- Kitty Kam

Business and Property CourtsCommercial CourtHigh CourtKing's Bench DivisionOrder

Claim Nos: CL-2025-000087/CL-2025-000090

In the High Court of Justice
Business and Property Courts of England and Wales
King’s Bench Division
Commercial Court

7 November 2025

Before:

The Hon. Mr Justice Andrew Baker (in public, sitting remotely via MS Teams)

Between:

Beijing Songxianghu Architectural

and

Decoration Engineering Co. Ltd

-v-

Kitty Kam
(also known (according to the Claimant) as Wang Yuzhi)

Order

UPON the Defendant’s applications by Application Notices dated 28 April 2025, 22 May 2025, 13 June 2025, 30 June 2025, 31 July 2025, 1September 2025, 8 September 2025 and 6 October 2025, for the time for any application under CPR Part 11 for a declaration that the court has no jurisdiction, or should not exercise any jurisdiction it may have, to try these Claims, or either of them, to be extended (“the Extension Applications”).

AND UPON the Defendant having issued an Application Notice dated 3 November 2025 seeking, primarily, a declaration that the court has no jurisdiction over the Defendant in respect of these Claims, or either of them, and the setting aside of both Claim Forms and service thereof, or that the court will not exercise its jurisdiction to try these Claims, or either of them, pursuant to CPR Part 11 (“the Part 11 Application”), or in the alternative, an order striking out these Claims, and each of them, and discharging all prior Orders in either Claim, on the alleged ground that the Claims are an abuse of process (“the Abuse of Process Application”), and in any event orders for the proceedings herein (in either Claim) to be anonymised, as regards the identity of the Defendant, for access to the court file to be restricted, and for the hearing of the Extension Applications on 7 November 2025 and any hearing of the Part 11 Application and/or the Abuse of Process Application to be held in private (“the Privacy Application”)

AND UPON it having been contended in the Defendant’s skeleton argument that these Claims, and each of them, stand stayed by operation of CPR 15.11(1)

AND UPON hearing Arnold Ayoo (instructed by Reed Smith LLP) for the Claimant and Farhan Asghar of The Solicitors Advocates and Barristers Inc for the Defendant

AND UPON the court having directed that there was to be no live reporting of or commentary upon the hearing on 7 November 2025 that disclosed, directly or indirectly, the content of the Defendant’s witness statement dated 3 November 2025, as might be referred to during the hearing, or of submissions made on her behalf on the basis of that evidence, and on that basis having refused the Privacy Application so far as it sought an order for the hearing on 7 November 2025 to be held in private

IT IS ORDERED THAT

  1. Any stay under CPR 15.11(1) shall be, and is hereby, lifted.
  2. Until further order, no person may publish any material, including a report of these proceedings, that may disclose, directly or indirectly:
    (i) the contents or the substance of the application notice dated 3 November 2025 or the witness statement of the Defendant, including Exhibit KK1, dated 3 November 2025 (“the Restricted Material”);
    (ii) any submissions made in respect of the Restricted Material.
  3. Until further order, the Restricted Material is to be treated as not having come into the public domain for the purposes of CPR 31.22 (1) (a) and CPR 32.12 (2) (c), and no party shall be entitled to obtain a copy of the Restricted Material from the court file.
  4. Any party affected by this order may apply on notice to set aside or vary paragraphs 2 to 3 of this order.
  5. The Extension Applications are, and each of them is, dismissed with costs (to include all costs of or relating to the hearing on 7 November 2025), to be assessed on the indemnity basis if not agreed.
  6. In consequence, the Part 11 Application is dismissed, no order as to costs.
  7. In each Claim, pursuant to CPR 11(7)(a), the Defendant’s Acknowledgment of Service dated 28 March 2025 ceases to have effect and:
    7.1 pursuant to CPR 11(7)(b), any further Acknowledgment of Service by the Defendant must be filed, and served on the Claimant, by 4.00 pm on Wednesday 12 November 2025;
    7.2 pursuant to CPR 11(7)(c):
    (i) if a further Acknowledgment of Service is filed by the Defendant in Claim No. CL-2025-000087 (a Part 7 Claim), then by operation of CPR 3.4(7) she need not file any Defence prior to the hearing of the Abuse of Process Application;
    (ii) if a further Acknowledgment of Service is filed by the Defendant in Claim No. CL-2025-000090 (a Part 8 Claim), no further evidence need be filed in this court in that Claim except as may be required to comply with any prior Order in that Claim or for any further application made by either party in that Claim or as a result of any order by the Court of Appeal upon the hearing of the Defendant’s pending appeal in that Claim, Appeal No. CA-2025-000942.