Walton v Pickerings Solicitors & Anor [2023] EWCA Civ 602 (06 June 2023)

Walton v Pickerings Solicitors & Anor [2023] EWCA Civ 602 (06 June 2023)

The court has no power to backdate the date of issue on a claim form; the date of issue must be the actual date the claim form is sealed and issued. Therefore, service of the claim form on both defendants was in time, as the period for service runs from the actual date of issue, not any backdated date.

Citation
[2023] EWCA Civ 602
Parties
Claimant / Appellant: Eric Walton; Defendant / Respondent: Pickerings Solicitors; Defendant / Respondent: F Brophy
Jurisdiction
England and Wales
Judgment Date
06 June 2023
Procedural Posture
Civil Appeal / Second Appeal to Court of Appeal From High Court (chancery Division)
Outcome
Appeal allowed
Legal Topics
Backdating of Claim Forms, Service of Claim Forms, Limitation Periods, Court Powers Under CPR, Solicitor's Undertakings
Civil Procedure Limitation Professional Negligence Backdating of Claim Forms Service of Claim Forms Limitation Periods Court Powers Under CPR Solicitor's Undertakings

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Parties

Eric Walton

Claimant / Appellant

Pickerings Solicitors

Defendant / Respondent

F Brophy

Defendant / Respondent

Procedural Posture

Civil Appeal / Second Appeal to Court of Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the court has power to backdate the date of issue on a claim form under the CPR
  2. 2 Whether service of the claim form was in time given the backdating
  3. 3 Whether the claim against Pickerings is statute-barred

Ratio Decidendi

The court has no power to backdate the date of issue on a claim form; the date of issue must be the actual date the claim form is sealed and issued. Therefore, service of the claim form on both defendants was in time, as the period for service runs from the actual date of issue, not any backdated date.

Court Disposition

Appeal allowed

Orders

  • Declaration that the claim form was duly served on both defendants
  • Defendants to serve their Defences within 28 days of the judgment (by 4pm on 4 July 2023), subject to further application for extension or stay pending limitation arguments