By fax

Asia Pacific (HK) Ltd and others v Hanjin Shipping Co Ltd and another QBD (Comm) LSG 1 December

The claimants claimed in respect of lost and damaged cargo as a result of an explosion and fire on a vessel owned by both the defendants. The claimants issued proceedings against the defendants, who in turn began a limitation action and obtained a limitation decree. The defendants’ solicitors asked the claimants’ solicitors for confirmation that proceedings had been issued and whether the proceedings could be consolidated with other claims. They confirmed that they had instructions to accept service. The claimants’ solicitors replied by fax and attached a copy of the claim form. After the four-month period for serving the claim form under CPR rule 7.5(2) had elapsed, the defendants took the point that it had never been served. The claimants sought a declaration that the claim form had in fact been served.