Source: All England Reporter
Publisher Citation: [2013] All ER (D) 276 (May)
Neutral Citation: [2013] EWHC 1242 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Mr Justice Edwards-Stuart

Representation Gordon Wignall (instructed by Shoosmiths LLP) for the claimant.
  Lord Marks QC (instructed by Weightmans LLP) for the defendants.
Judgment Dates: 22 May 2013

Catchwords

Particulars of claim - Service - Extension of time for service - Dispute arising as to alleged deficiencies in design of car park, resulting in inability to develop land as stipulated in planning permission - Claimant waiting over five years before instructing solicitors - Claimant submitting claim form out of time - Claimant applying for permission to extend time for filing claim form - Defendant contending no explanation for delay provided, claim form excessively vague and no demonstrable prejudice to claimant in refusing application - Whether extension to be granted.

The Case

Particulars of claim Service. The Technology and Construction Court considered the claimant company's application to extend time for the service of its particulars of claim. The court held that, considering the weakness of the claimant's claim against some of the defendants, and the lack of explanation as to why the claimant had delayed so long before instructing solicitors, the claimant's application would be refused.

Practice Areas

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