Litigation cases roundup – July 2024

Defective claim form

The claimant's failure to include her address on the claim form did not invalidate service and could be remedied under CPR 3.10. Although the requirements of open justice require the name and address of the claimant to appear on the claim form, in this instance the court accepted evidence of the potential for personal danger to the claimant and her son were her address to become known (Al-Aggad v Al-Aggad).

Defective service and contesting jurisdiction

The court rejected the defendant’s argument that where service under CPR 7.5 is not complied with, the claim form is a nullity and should be struck out automatically. Where the claimant fails to serve the claim form properly, the defendant must acknowledge service and issue an application to contest jurisdiction under CPR 11. A failure to do this can potentially be remedied under CPR 3.10 (Occupiers of Samuel Garside House v Bellway Homes Ltd).

Refusal to mediate

The court should have sanctioned the defendant for its silence in the face of an offer to mediate and its breach of a court order requiring an explanation for the failure to agree to mediate. The Court of Appeal applied a 5% costs penalty to the defendant (Northamber PLC v Genee World Ltd).

Exclusive jurisdiction agreements

A Ukrainian exclusive jurisdiction clause was enforceable despite the country being in a state of war. The court rejected the argument that these clauses were invalid or non-binding, or that the war was likely to cause substantial delays or difficulties in litigation. The Ukrainian judicial system was operating efficiently in areas outside of active war zones and could effectively hear the claims (AerCap Ireland Capital Designated Activity Company v PJSC Insurance Company Universalna).

Statutory adjudication

The Supreme Court has unanimously held that a collateral warranty does not constitute a “construction contract” for the purposes of the Housing Grants, Construction and Regeneration Act 1996. A collateral warranty does not accordingly provide the right to statutory adjudication (Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP).