John Colin Graham v Fidelidade – Companhia De Seguros SA
| Court | King's Bench Division |
| Judge | Mrs Justice Hill |
| Neutral Citation | [2024] EWHC 2010 (KB) |
| Date | 31 July 2024 |
| Year | 2024 |
| Counsel | Sarah Crowther Kc,Lucy Wyles Kc |
Neutral Citation Numbe r: [2024] EWHC 2010 (KB)
Case No: QB-2022-001760
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 31/07/2024
Before :
MRS JUSTICE HILL DBE
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Between :
JOHN COLIN GRAHAM Claimant
- and -
FIDELIDADE – COMPANHIA DE SEGUROS S.A.
Defendant
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Sarah Crowther KC (instructed by Levenes Solicitors) for the Claimant
Lucy Wyles KC (instructed by Irwin Mitchell LLP) for the Defendant
Hearing dates: 17 and 18 July 2024
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Approved Judgment
This judgment was handed down remotely at 2:00 pm on 31 July 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives.
.............................
MRS JUSTICE HILL
MRS JUSTICE HILL
Approved Judgment
Graham v Fidelidade
Mrs Justice Hill DBE:
Introduction
1. By a claim form issued on 6 June 2022 the Claimant seeks damages for the injury,
loss and damage he suffered in an accident in Portugal on 1 September 2021. He had
crossed the road at a marked pedestrian crossing when he was hit by a vehicle insured
by the Defendant.
2. In March 2022 the Defendant admitted liability to compensate the Claimant for his
injuries, loss and damage in open correspondence
3. On 16 June 2022, an application was made without notice for permission to serve the
claim form outside the jurisdiction on the Defendant at its registered address in
Lisbon.
4. By orders made without notice on 31 August 2022 and 9 December 2022, Master
McCloud granted the Claimant permission to serve the claim form on the Defendant
out of the jurisdiction in Portugal and extended time for service of the claim form to 6
June 2023. Service was effected on 5 May 2023.
5. On 7 June 2023, the Defendant made an application seeking an order to set aside the
orders extending time for service of the claim form; and declare that the court has no
jurisdiction to try the claim.
6. The Defendant relied on, in particular, two witness statements from Marian Joseph, its
solicitor, dated 7 June 2023 and 2 July 2024 (“Joseph 1” and “Joseph 2” respectively).
7. The Claimant contends that (i) the orders were properly made; and (ii) he can satisfy
the jurisdictional requirements.
8. The Claimant relied on witness statements from Timothy Beasley, his solicitor, dated
18 June 2022 and 8 July 2024 (“Beasley 1” and “Beasley 4” respectively). The first of
these had been provided in support of the 16 June 2022 application. He also sought to
rely on a further witness statement from Mr Beasley dated 26 September 2023
(“Beasley 2”) but the Defendant opposed the admissibility of this evidence. The
Claimant himself also provided a witness statement dated 6 February 2024.
9. Just over an hour before the hearing of the Defendant’s application, the Claimant’s
counsel indicated that, if necessary, she intended to apply for an order that any
procedural defects in the applications to extend time should be remedied using the
court’s power under CPR 3.10. Counsel then made this application during the course
of the hearing.
10. This is my judgment on the Defendant’s application dated 7 June 2023 and the
Claimant’s oral application.
The factual background
11. The Claimant is a British national. He was aged 58 at the time of the accident. The
accident occurred when he was pushing his motorcycle across a marked crossing on a
road between Malheiro and Portimão in Portugal. A silver VW Passat with
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