Source: All England Reporter
Publisher Citation: [2006] All ER (D) 243 (Oct)
Neutral Citation: [2006] EWCA Civ 1355
Court: Court of Appeal, Civil Division
Judge:

Jacob, Neuberger and Lloyd LJJ

Representation Tim Grover (instructed by Paul Watson & Co) for the claimant.
  Ashley Serr (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 19 October 2006

Catchwords

Claim form - Service - Extension of time for service - Whether parties being able to agree extension of time - Whether agreement should be in writing - Whether written agreement limited to single document - Civil Procedure Rules 1998, , rr 2.1, 7.5, 7.6.

The Case

It was open to parties to agree an extension of time for the service of a claim form, pursuant to Civil Procedure Rules 1998, , r2.11, which required a 'a written agreement between the parties'. The concept of a 'written agreement between the parties', particularly in the context of the CPR, involved a document or exchange of documents which was intended to constitute the agreement or to confirm or record the agreement.

Practice Areas

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