Totty v Snowden [2001] EWCA Civ 1415 (31 July 2001)

Totty v Snowden [2001] EWCA Civ 1415 (31 July 2001)

The court has discretion to extend time for service of particulars of claim under CPR 3.1(2)(a) and CPR 3.10, as CPR 7.6 does not expressly apply to particulars of claim. The particulars of claim are not an integral part of the claim form, and late service of particulars does not invalidate the claim form if served within time. The strict regime of CPR 7.6 applies only to the claim form, not to particulars of claim.

Citation
[2001] EWCA Civ 1415
Parties
Claimant/respondent: Emily Totty; Defendant/appellant: Lee Snowden; Claimant/appellant: Hilda Irene Hewitt; Defendant/respondent: Wirral and West Cheshire Community NHS Trust
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Totty v Snowden: appeal dismissed; Hewitt v Wirral and West Cheshire Community NHS Trust: appeal allowed and remitted for consideration of discretion.
Legal Topics
Extension of Time, Service of Particulars of Claim, Civil Procedure Rules, Case Management Discretion
Civil Procedure Extension of Time Service of Particulars of Claim Civil Procedure Rules Case Management Discretion

Case Brief

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Parties

Emily Totty

Claimant/respondent

Lee Snowden

Defendant/appellant

Hilda Irene Hewitt

Claimant/appellant

Wirral and West Cheshire Community NHS Trust

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Does the court have discretion to extend time for service of particulars of claim when served outside the period prescribed by CPR 7.4(2)?
  2. 2 Are particulars of claim an integral part of the claim form for purposes of CPR 7.6?

Ratio Decidendi

The court has discretion to extend time for service of particulars of claim under CPR 3.1(2)(a) and CPR 3.10, as CPR 7.6 does not expressly apply to particulars of claim. The particulars of claim are not an integral part of the claim form, and late service of particulars does not invalidate the claim form if served within time. The strict regime of CPR 7.6 applies only to the claim form, not to particulars of claim.

Court Disposition

Totty v Snowden: appeal dismissed; Hewitt v Wirral and West Cheshire Community NHS Trust: appeal allowed and remitted for consideration of discretion.

Orders

  • Totty v Snowden: appeal dismissed with costs.
  • Hewitt v Wirral and West Cheshire Community NHS Trust: appeal allowed with costs, subject to detailed and Legal Services Commission assessment.