Arnold Holdings Limited v Keelys LLP

Arnold Holdings Limited v Keelys LLP

The Claimant did not take all reasonable steps to serve the claim form within the period specified by CPR 7.5(1), as required by CPR 7.6(3)(b), because it failed to pursue alternative avenues such as requesting a copy from the Defendant, making an in-time application for extension, or increasing engagement with the court after 4 October 2023; therefore, the appeal must be dismissed.

Parties
Claimant/appellant: Arnold Holdings Limited; Defendant/respondent: Keelys LLP
Jurisdiction
England and Wales
Judgment Date
26 August 2025
Procedural Posture
Appeal / Judgment on Appeal Against Order Refusing Retrospective Extension of Time for Service of Claim Form
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Service, Limitation Period, Service of Claim Form, Court Administrative Error
Civil Procedure Professional Negligence Extension of Time for Service Limitation Period Service of Claim Form Court Administrative Error

Case Brief

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Parties

Arnold Holdings Limited

Claimant/appellant

Keelys LLP

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Order Refusing Retrospective Extension of Time for Service of Claim Form

Legal Issues

  1. 1 Whether the claimant took all reasonable steps to serve the claim form for purposes of CPR 7.6(3)(b)
  2. 2 Whether the District Judge erred in refusing a retrospective extension of time for service
  3. 3 Whether the District Judge exercised discretion unreasonably

Ratio Decidendi

The Claimant did not take all reasonable steps to serve the claim form within the period specified by CPR 7.5(1), as required by CPR 7.6(3)(b), because it failed to pursue alternative avenues such as requesting a copy from the Defendant, making an in-time application for extension, or increasing engagement with the court after 4 October 2023; therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Decision of District Judge Mansfield dated 24 January 2024 upheld
  • Claimant failed to satisfy test in CPR 7.6(3)(b)