Jones v Chichester Harbour Conservancy & Ors [2017] EWHC 2270 (QB) (12 September 2017)

Jones v Chichester Harbour Conservancy & Ors [2017] EWHC 2270 (QB) (12 September 2017)

A claim form is validly served if the claimant completes the step required by CPR 7.5 within the period of validity (including any extension), irrespective of the deemed date of service under CPR 6.14. The order extending time for 'service' is to be interpreted as extending time for taking the step under CPR 7.5.

Citation
[2017] EWHC 2270
Parties
Claimant: Lauren Stephanie Paxton Jones; First Defendant: Chichester Harbour Conservancy; Second Defendant: Church Commissioners For England; Third Defendant: Matthew Sawday
Jurisdiction
England and Wales
Judgment Date
12 September 2017
Procedural Posture
Civil (personal Injury) / Application to Set Aside Service of Claim Form for Invalidity/lack of Jurisdiction
Outcome
Application to set aside service refused; declaration that claim form was validly served within period of validity.
Legal Topics
Service of Claim Form, CPR 6.14, CPR 7.5, Extension of Time for Service, Deemed Date of Service
Civil Procedure Service of Claim Form CPR 6.14 CPR 7.5 Extension of Time for Service Deemed Date of Service

Case Brief

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Parties

Lauren Stephanie Paxton Jones

Claimant

Chichester Harbour Conservancy

First Defendant

Church Commissioners For England

Second Defendant

Matthew Sawday

Third Defendant

Procedural Posture

Civil (personal Injury) / Application to Set Aside Service of Claim Form for Invalidity/lack of Jurisdiction

Legal Issues

  1. 1 Whether service of the claim form was valid under CPR 7.5 and 6.14 when the relevant step was taken within the extended period but the deemed date of service fell after expiry
  2. 2 Whether the court order extending time for 'service' should be construed as extending time for the step required under CPR 7.5

Ratio Decidendi

A claim form is validly served if the claimant completes the step required by CPR 7.5 within the period of validity (including any extension), irrespective of the deemed date of service under CPR 6.14. The order extending time for 'service' is to be interpreted as extending time for taking the step under CPR 7.5.

Court Disposition

Application to set aside service refused; declaration that claim form was validly served within period of validity.

Orders

  • Declaration that the claim form was validly served during its period of validity.