Bali v 1-2 Couriers Limited & Anor

Bali v 1-2 Couriers Limited & Anor

The date of issue of the claim form is the date it is sealed and stamped by the court, not the date it is sent out; the solicitors did not take all reasonable steps to effect service within the prescribed period, and the judge was right to refuse an extension of time.

Parties
Claimant/appellant: Mrs Bali; Respondent/defendant: 1-2 Couriers Limited; Respondent/defendant: Walsingham Motor Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2025
Procedural Posture
Civil Appeal / Appeal From Order Refusing Extension of Time for Service and Striking Out Claim
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

Civil Appeal / Appeal From Order Refusing Extension of Time for Service and Striking Out Claim

Legal Issues

  1. 1 What is the date of issue of a claim form for purposes of 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 the claim form is the date it is sealed and stamped by the court, not the date it is sent out; the solicitors did not take all reasonable steps to effect service within the prescribed period, and the judge was right to refuse an extension of time.

Court Disposition

Appeal dismissed

Orders

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