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Following the case of Hoddinott v Persimmon Homes [2007] EWCA Civ 1203, reported in our February edition of Liability News, practitioners were concerned that if Defendants wished to rely on a limitation defence then, in accordance with CPR Part 11; notification should be given on the Acknowledgement of Service Form confirming that the Defendant was disputing the Court's jurisdiction and an application had to be made within 14 days. The jurisdiction of the Court to grant costs order has subsequently been refined by the Court of Appeal and in Goodwood Recoveries Ltd v Breen - [2005] EWCA Civ 414. North America Steamships Ltd [2007] EWCA Civ 739 in which HFW acted for the defendants, NASL. |
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