Lincolnshire County Council v Mouchel Business Services Ltd & Anor
2014
TECHNOLOGY AND CONSTRUCTION COURT
UK
CORAM
- THE HONOURABLE MR JUSTICE STUART-SMITH
Areas of Law
- Civil Procedure
2014
TECHNOLOGY AND CONSTRUCTION COURT
UK
CORAM
AI Generated Summary
This case underscores the crucial importance of prompt and proper conduct in litigation, especially when obtaining extensions for service. Lincolnshire's repeated delays and breaches of pre-action protocols, coupled with obtaining extensions without notifying the other party, led to the claim being struck out. The judgment reinforces the stringent application of Civil Procedure Rules and the potential consequences of non-compliance.
Judgment
Mr Justice Stuart-Smith:
Introduction
Where a party issues protective proceedings hard up against the expiry of the limitation period, it is expected to pursue those proceedings promptly and effectively; and if it subsequently seeks and obtains orders extending time for the service of the Claim Form or Particulars of Claim without notice to the other party, it dices with procedural death. These simple propositions should be known to all professionals conducting litigation. They were established long before the recent reforms of the Civil Procedure Rules.
The First Defendant [“Mouchel”] applies to set aside the order of Edwards-Stuart J made on 15 January 2014 on the Claimant’s application without notice for an extension of time for service of the Claim Form and Particulars of Claim. The application had been issued on 23 December 2013. Edwards-Stuart J extended time to 18 April 2014 and gave Mouchel permission to apply to vary or discharge his order. His order was the second occasion on which the Claimant [“Lincolnshire”] had obtained an extension of time for service of the Claim Form and Particulars of Claim. Having issued these proceedings on 19 July 2013, Lincolnshire promptly sought and obtained an extension of time for service (without notice to Mouchel) to 18 January 2013. That order was made by Akenhead J on 23 July 2013. It may therefore be seen that the combined effect of the orders of Akenhead J and Edwards-Stuart J has been to extend time for service of the Claim Form and Particulars of Claim by five months.
Mouchel’s application is supported by evidence from Mr Charles Aitchison, a solicitor at Beale & Co. Lincolnshire relies upon two witness statements from Mr Jeremy Hanley, the in-house solicitor having conduct of the matter for Lincolnshire, and one from Mr Michael Watson, an employee of Lincolnshire.
The Factual Background
Mouchel is an architect. It is alleged that Lincolnshire outsourced architectural services to Mouchel by a contract executed by way of deed on or about 3 April 2000. Later in 2000 Lincolnshire wanted to procure the extension of a science block at Boston Grammar School, which was then a school under Lincolnshire’s control as local education authority. The School is now an academy but Lincolnshire has retained the right to bring these proceedings. Lincolnshire alleges that Mouchel carried out the design of the building. The works were carried out by a building contractor which is now the second Defendant