| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 110 (Feb) |
| Neutral Citation: | [2005] EWCA Civ 96 |
| Court: | Court of Appeal, Civil Division |
| Judge: | May, Tuckey and Dyson LJJ |
| Representation | John Gimlette (instructed by Dutton Gregory) for the claimant. |
| Neil Davy (instructed by Berrymans Lace Mawer) for the defendants. | |
| Judgment Dates: | 8 February 2005 |
Catchwords
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 Case
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.
Practice Areas
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