In
Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd & Ors, Mr Justice Morgan ruled that the unsealed forms served on the final day permitted were not claim forms and therefore not allowed. As a result, the claims were deemed out of time.
The judge also rejected applications from the claimants, represented by London firm Scott+Scott UK LLP, for relief from sanctions, saying they did not take reasonable steps to effect service in accordance with the rules, and pointing out the defendants would suffer prejudice if he allowed late service.
Litigators may look on the judgment as a salutory warning, given that all sides accepted Scott+Scott had begun the process of filing the claims electronically a day before the deadline and continued filing next morning. The court had been expected to seal the documents within 90 minutes, giving time for serving sealed documents. By 3pm on the day of the deadline, when the claim forms filed that day had not been issued, the decision was made to serve the unsealed claim forms and accompanying documents. All were sent by 4.32pm on the deadline day, but solicitors for Visa and Mastercard took the point that the sending of the unsealed amended claim forms did not constitute good service. Sealed forms were served within nine days of the deadline.