Relief from sanctions, anchor defendants and submission to the jurisdiction (Newland Shipping v Toba Trading)

Article summary

Dispute Resolution analysis: The Commercial Court has allowed relief from sanctions against late service of an acknowledgment of service form some two and half years after the claim form was issued. In doing so, the court considered the breach to be serious and significant but allowed relief due to the circumstances of the case, which included the fact that the court had determined at the same hearing that it did not have jurisdiction to hear the dispute. The case raises practical considerations in relation to whether making an application is a submission to the jurisdiction if made at the same time as disputing jurisdiction, the timing of applications to serve out of the jurisdiction, the need to ensure that all three requirements for service out of the jurisdiction are met and the need for the court to deal justly with relief from sanction applications.