Tuesday 19th July 2022
Second Appeal. By Appellant’s Notice filed on 6 August 2021, the Claimant/Appellant, ST , challenges the Order of Andrew Baker J dated 16 July 2021, in which he allowed the Defendant’s appeal of the order of Master Davison dated 26 February 2021.
Background: The claim had been issued on 14 February 2020 and had to be served outside the jurisdiction in France by the 14 August 2020. On the 4 August the claimant applied for an extension of time for service and this was granted by Master Davison on the 5th August where time for service was extended to 14 December 2020. Service was effected on the 11 December 2020. At a hearing on 26 February 2021 Master Davison refused the Defendant’s application to set aside his order of 5 August 2020.
On 16 July 2021, Baker J heard and allowed an appeal, whereby he concluded that the claim form had not been validly served, finding that there was no good reason why it had not been served in time, he set aside the order of 5 August 2020 and struck out the claim.