Bali v 1-2 Couriers Ltd & Anor [2025] EWCA Civ 1413 (10 November 2025)

Bali v 1-2 Couriers Ltd & Anor [2025] EWCA Civ 1413 (10 November 2025)

The date of issue of a claim form is the date entered on the sealed claim form by the court, not the date of despatch; the appellant's solicitors did not take all reasonable steps to serve within time, and no extension of time should be granted.

Citation
[2025] EWCA Civ 1413
Parties
Claimant/appellant: Mrs Bali; Respondent/defendant: 1-2 Couriers Limited; Respondent/defendant: Walsingham Motor Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
10 November 2025
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Service, Issue of Claim Form, Relief From Sanctions, Limitation Period
Civil Procedure Personal Injury Extension of Time for Service Issue of Claim Form Relief From Sanctions Limitation Period

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Parties

Mrs Bali

Claimant/appellant

1-2 Couriers Limited

Respondent/defendant

Walsingham Motor Insurance Ltd

Respondent/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the date of issue of a claim form under CPR rules 7.2 and 7.5?
  2. 2 Should an extension of time for service of the claim form be granted under CPR 7.6(3)?

Ratio Decidendi

The date of issue of a claim form is the date entered on the sealed claim form by the court, not the date of despatch; the appellant's solicitors did not take all reasonable steps to serve within time, and no extension of time should be granted.

Court Disposition

Appeal dismissed

Orders

  • No extension of time for service granted
  • Claim struck out