Doleman v Sayle & Ors

Doleman v Sayle & Ors

A claim form containing multiple claims is validly served for each claim if served within the applicable period for that claim; CPR 56.3 does not require the entire claim form to be served within the shortest period applicable to any claim it contains.

Parties
Appellant: Doleman; Respondent: Sayle & Ors
Jurisdiction
England and Wales
Judgment Date
19 August 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Service of Claim Form, CPR 56.3, Landlord and Tenant Act 1954, Time Limits for Service
Civil Procedure Landlord and Tenant Service of Claim Form CPR 56.3 Landlord and Tenant Act 1954 Time Limits for Service

Case Brief

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Parties

Doleman

Appellant

Sayle & Ors

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether a claim form containing multiple claims must be served within the shortest applicable time limit for any claim it contains
  2. 2 Interpretation of CPR 56.3 regarding service periods for unopposed claims under the Landlord and Tenant Act 1954

Ratio Decidendi

A claim form containing multiple claims is validly served for each claim if served within the applicable period for that claim; CPR 56.3 does not require the entire claim form to be served within the shortest period applicable to any claim it contains.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused