American Leisure Group Ltd v Garrard and others

Practice – Claim. The claimant company brought a claim against the defendants, including its former directors, for damages or compensation by way of indemnity against any liability that might be established against it in proceedings brought against it in Florida. The first defendant, who previously lived in Switzerland but was resident in London contended that the claim should be dismissed on the grounds that no steps to serve it had been taken within the period of four months allowed by CPR 7.5(1). The Chancery Division, in granting the declaration, held that the claim form had not been served within the time limit imposed by CPR 7.5 and that an order for the extension of time under 7.6(3) would not be made as the claimant had not shown that it had taken all reasonable steps to comply with CPR 7.5.

Category: