Source: All England Reporter
Publisher Citation: [2007] All ER (D) 280 (Jun)
Court: Chancery Division
Judge:

Sir Francis Ferris
Judgment Dates: 22 June 2007

Catchwords

Practice - Service - Extension of time for service - Claimants seeking extension of time for service of particulars of claim - Court treating application as an application for relief from sanctions - Whether application should be granted - Consideration of relevant matters - Civil Procedure Rules 1998, , 3.9, 7.6(1).

The Case

Practice Service. So far as the relevant paragraphs under the Civil Procedure Rules 1998, SI1998-3132, 3.9 were concerned, in the interests of the administration of justice, it was not right for the defendants to be vexed by proceedings which had no prospect of success, on the other hand, if no extension of time was granted, there was nothing on the face of it, to prevent the claimants from serving a new claim form supported by similar particulars of claim to those previously served, raising the same claimants and facts. Against that background, the court granted the claimants' request pursuant to the CPR 7.6.1 for an extension of time to serve their particulars of claim, after having considered the relevant matters under CPR 3.9.

Practice Areas

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