Do you have to tell the Court that your claim is time barred when applying, without notice, for permission to serve out of the jurisdiction?
Libyan Investment Authority v JP Morgan Markets Limited and others  EWHC 1452 (Comm), 10 June 2019
Yes, according to Bryan J in this anchor defendant case, in which the Claimant had to pass the real issue / summary judgment test in order to obtain permission to serve out. The claim was time barred, and Bryan J considered that the Claimant ought to have admitted that much in its without notice application, and further ought to have to set out the means by which it intended, nevertheless, to clear the real prospect of success hurdle. The punishment for not doing so was for the service out order to be set aside, effectively ending the claim in this jurisdiction. The case is a salutatory reminder of the consequences of failing to discharge the duty of full and frank disclosure.
Read more in Adam Heppinstall’s alerter.