Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 (16 October 2018)

Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 (16 October 2018)

A court-imposed stay suspends the obligation to serve the claim form within the four-month period prescribed by CPR r.7.5(1); the time for service resumes when the stay is lifted or expires, and the claim form served within the recalculated period is validly served.

Citation
[2018] EWCA Civ 2212
Parties
Appellant / Claimant: David Grant; Respondent / Defendant: Dawn Meats (UK)
Jurisdiction
England and Wales
Judgment Date
16 October 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Stay of Proceedings, Service of Claim Form, Limitation Period, CPR Compliance
Civil Procedure Personal Injury Stay of Proceedings Service of Claim Form Limitation Period CPR Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

David Grant

Appellant / Claimant

Dawn Meats (UK)

Respondent / Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does a court-imposed stay of proceedings suspend the obligation to serve the claim form within the four-month period prescribed by CPR r.7.5(1)?

Ratio Decidendi

A court-imposed stay suspends the obligation to serve the claim form within the four-month period prescribed by CPR r.7.5(1); the time for service resumes when the stay is lifted or expires, and the claim form served within the recalculated period is validly served.

Court Disposition

Appeal allowed

Orders

  • Decision of Deputy District Judge Davy reinstated
  • Respondent's application dated 17 March 2017 to strike out the claim for non-service dismissed