Summary
A challenge to late service of a claim form, where the court has jurisdiction but is said not to be entitled to exercise it, must be made under CPR Part 11. The defendant must comply with the time limit in Part 11, although the court has jurisdiction to extend that time and may grant relief from the consequences of non-compliance. An application under CPR Part 3.4 is not the correct procedural route for that challenge. An extension of time for service under CPR Part 7.6(3) is subject to a strict test. A claimant who has taken no steps to comply with the service requirements cannot satisfy the requirement to have taken all reasonable steps.
Factual background
John Caine appealed against Master Yoxall’s order permanently staying his libel claim against Advertiser and Times Limited and Edward Curry. The claim form had been issued in time, but the claim form and particulars of claim were served after the applicable period and without a response pack.
The defendants initially applied under CPR Part 3.4, then expressly applied under CPR Part 11 and sought an extension of time after Mr Caine argued that they had submitted to the court’s jurisdiction. The appeal concerned the correct procedural route, the availability of extensions of time for service and for a Part 11 application, waiver, and the certification of later applications as totally without merit.
Held
The appeal was dismissed.
- Extension of time for service. It was common ground that CPR Part 7.6(3) governed an out-of-time application to extend the period for serving the claim form. The regime was strict. The claimant had taken no steps to comply with CPR Part 7.5 before expiry of the four-month period and therefore could not show that he had taken all reasonable steps but had been unable to comply.
- Correct route for challenging late service. Under
The court’s approach to earlier authorities
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Appellate history
High Court (Queen’s Bench Division) — The appeal from Master Yoxall’s order dated 10 August 2018 was dismissed. The permanent stay of the libel proceedings was upheld.
Key cases cited
6 authorities cited.
- Texan Management Limited and others v Pacific Electric Wire & Cable Company Limited (British Virgin Islands) [2009] UKPC 46
- Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906
- Aktas v Adepta (A Registered Charity) [2010] EWCA Civ 1170
- Hoddinott & Ors v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203
- Le Guevel-Mouly & Ors v AIG Europe Ltd [2016] EWHC 1794 (QB)
- Burns-Anderson Independent Network plc v Wheeler [2005] EWHC 575
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Cases citing this case
3 later cases · 2 neutral · 1 caution
Most senior citing decisions:
- Rezq Allah Koro, R (on the application of) v County Court at Central London [2024] EWCA Civ 94 considered
- Dr Sanjay Pitalia & Anor v NHS England [2023] EWCA Civ 657 mentioned
- Simon Bain Building Services Limited v Jenna Cardone & Anor [2023] EWHC 2916 (Ch) distinguished
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