The WLR Daily case summaries
[2022] WLR(D) 365
Chancery Division
Walton v Pickerings Solicitors and another
[2022] EWHC 2073 (Ch)
2022 July 5; Aug 2
Robin Vos sitting as a deputy High Court judge
Practice — Claim form — Service— Extension of time— Claimant issuing claim at High Court on last day of limitation period and electing to serve claim form himself — Court losing claim form— Claimant obtaining sealed claim form backdated to day form presented but after expiry of four-month period allowed for its service— Master holding threshold conditions for granting extension of time for service not satisfied because of claimant’s failure to take reasonable steps to serve claim before expiry of time limit and to make application for extension of time promptly— Whether claimant not in possession of sealed claim form required to take reasonable steps to comply with time limit— Whether promptness of claimant’s application to be measured by reference to date of expiry of time limit or receipt of sealed claim form— Whether court having discretion to refuse extension even if threshold conditions satisfied— Whether discretion to be exercised to allow extension of time—
CPR
rr 7.5, 7.6(3)