||All England Reporter
|| All ER (D) 110 (Feb)
|| EWCA Civ 96
||Court of Appeal, Civil Division
May, Tuckey and Dyson LJJ
||John Gimlette (instructed by Dutton Gregory) for the claimant.
||Neil Davy (instructed by Berrymans Lace Mawer) for the defendants.
||8 February 2005
Practice and procedure - Claim form - Extension of time for service - Drafting error in application for extension of time - Error an 'error of procedure' - CPR 3.10, 7.6, SI 1998/3132.
The phrase 'error of procedure' in CPR3.10, SI1998-3132, should not be given an artificially restrictive meaning. If a claimant applied for an extension of time for service of the particulars of claim when he intended to apply for an extension of time for service of the claim form, he made an error of procedure.
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