Walton v Pickerings Solicitors

Subject Matter

PRACTICE — Claim form — Extension of time — Court issuing claim form but not providing claimant with sealed claim form until more than four months later — Claimant consequently failing to serve sealed claim form within four-month time limit — Claimant serving sealed claim form on receipt and applying for extension of time ten days later — Whether claimant having “taken all reasonable steps to comply” with time limit — Whether claimant “acted promptly” in applying for extension — Whether court having discretion to refuse to grant extension of time even if threshold conditions satisfied — CPR rr 7.5, 7.6(3)

[2022] EWHC 2073 (Ch); [2022] 1 WLR 4964; [2022] WLR(D) 365, Ch D

PRACTICE — Claim form — Service — Court issuing and sealing claim form but backdating it by more than four months — Claimant immediately serving claim form on defendants — Whether court having power to seal claim form with date other than that on which it was issued and sealed — Whether claim form served within four months of issue — CPR rr 2.6, 7.2, 7.5

[2023] EWCA Civ 602; [2023] 1 WLR 3545; [2024] 2 All ER 978; [2023] WLR(D) 243, CA

Appellate History