Galliford Try Construction Limited v Arcadis Consulting (UK) Limited & Ors
There was no express or implied agreement to extend the stay of proceedings; even if there had been, only a court order can impose a stay. The Claimant failed to serve the claim form within the prescribed period and did not satisfy the conditions of CPR 7.6(3). The court has no jurisdiction to grant a retrospective extension of time for service or to extend the stay, and the applications must be refused.
- Parties
- Claimant: Galliford Try Construction Limited; First Defendant: Arcadis Consulting (UK) Limited; Second Defendant: Briggs & Forrester Engineering Services Limited; Third Defendant: Feilden Clegg Bradley Studios LLP; Fourth Defendant: Northfield Construction Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 14 November 2025
- Procedural Posture
- Construction Dispute / Ruling on Applications for Extension of Stay and Time for Service
- Outcome
- Applications refused
- Legal Topics
- Extension of Stay, Service of Claim Form, Pre Action Protocol Compliance, Relief From Sanctions, Limitation Period
Case Brief
Summary, issues, holding and outcome
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Parties
Galliford Try Construction Limited
Claimant
Arcadis Consulting (UK) Limited
First Defendant
Briggs & Forrester Engineering Services Limited
Second Defendant
Feilden Clegg Bradley Studios LLP
Third Defendant
Northfield Construction Limited
Fourth Defendant
Procedural Posture
Construction Dispute / Ruling on Applications for Extension of Stay and Time for Service
Legal Issues
- 1 Whether parties agreed to extend the stay of proceedings
- 2 Whether the court has jurisdiction to grant retrospective extension of stay
- 3 Whether the court can extend time for service of claim form after expiry
Ratio Decidendi
There was no express or implied agreement to extend the stay of proceedings; even if there had been, only a court order can impose a stay. The Claimant failed to serve the claim form within the prescribed period and did not satisfy the conditions of CPR 7.6(3). The court has no jurisdiction to grant a retrospective extension of time for service or to extend the stay, and the applications must be refused.
Court Disposition
Applications refused
Orders
- Both applications for extension of stay and time for service are refused.
- No retrospective extension of stay or time for service granted.
Full Case Text
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