Specialists International
This Knowledge Check examines Accor S.A's application to set aside an order which permitted Lloyds Developments Limited to serve proceedings in France and extended time for service. The live dispute concerned the extension of time and the court's jurisdiction.
Lloyds had issued a claim arising from a Glasgow hotel development, alleged copyright representations and the termination of its agreements with Accor Hotel Services UK Ltd. The present claim alleged deceit, unlawful-means conspiracy and inducement of breach of contract, with loss said to be just under GBP 181 million.
The court found no proper reason for extending service of the claim form. The extension also crossed the primary limitation deadline and the without-notice evidence did not disclose the resulting limitation issue or the proposed reliance on section 32 of the Limitation Act 1980. The extension was set aside and the court declared that it had no jurisdiction to try the claim.
- The original and extended service deadlines
- Service on Accor in France
- The relationship with the separate AHS proceedings
- The alleged causes of action and loss
- The rules governing claim-form service
- The need for a proper reason for an extension
- The proposed use of the Foreign Process Service
- The effect on Accor's limitation defence
- The duty of disclosure on a without-notice application
- The order setting aside the extension