Legal Updates

February 22, 2026

Matters Arising - A measured conversation on Lloyds Developments Ltd v Accor S.A [2026] EWHC 232 (TCC)

Lloyds Developments Ltd v Accor S.A [2026] EWHC 232 (TCC)

Five pages. Six months. No jurisdiction.

George and Archie discuss service.

GEORGE:
The claim form was issued on 20 December.

ARCHIE:
Yes.

GEORGE:
Service out of the jurisdiction required service within six months.

ARCHIE:
Correct.

GEORGE:
It was not served within six months.

ARCHIE:
An extension had been obtained.

GEORGE:
On what basis?

ARCHIE:
Uncertainties.

GEORGE:
About?

ARCHIE:
Permission to serve out.
The time required for service in France.
Alignment of pleadings with parallel proceedings.

GEORGE:
Did developments elsewhere affect the wording of the claim form?

ARCHIE:
No.

GEORGE:
How long was the claim form?

ARCHIE:
Five pages.

GEORGE:
What required translation?

ARCHIE:
Approximately three thousand pages.

GEORGE:
Mostly?

ARCHIE:
The Particulars of Claim.

GEORGE:
Could the five-page claim form have been translated and served promptly?

ARCHIE:
Yes.

GEORGE:
Could particulars have followed?

ARCHIE:
Yes.

GEORGE:
The extension carried service beyond the primary limitation period.

ARCHIE:
It did.

GEORGE:
Was that drawn clearly to the court’s attention on the without-notice application?

ARCHIE:
No.

GEORGE:
Was there an arguable limitation defence?

ARCHIE:
Yes.

GEORGE:
Was the court told that granting the extension would remove it?

ARCHIE:
It was not.

GEORGE:
So the matter was reheard.

ARCHIE:
Yes.

GEORGE:
Was there a good reason to extend time for serving the claim form?

ARCHIE:
No.

GEORGE:
Was there material non-disclosure?

ARCHIE:
Yes.

GEORGE:
The consequence?

ARCHIE:
The extension was set aside.

GEORGE:
Service?

ARCHIE:
Out of time.

GEORGE:
Jurisdiction?

ARCHIE:
None.

GEORGE:
Five pages.

ARCHIE:
Five pages. Yes.

“Nigel’s dual perspective as both a Chartered Surveyor and Solicitor, combined with his wealth of ‘front line’ experience in the construction industry, make him an invaluable asset.”

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