Thomas v The Home Office [2006] EWCA Civ 1355 (19 October 2006)

Thomas v The Home Office [2006] EWCA Civ 1355 (19 October 2006)

CPR r.2.11 permits parties to agree in writing to extend the time for service of a claim form under r.7.5, but only if the agreement is in writing. In this case, none of the extensions were valid written agreements as required, and thus the claim form was served out of time. Estoppel cannot override the written agreement requirement.

Citation
[2006] EWCA Civ 1355
Parties
Appellant: Mr Ian Thomas; Respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Service of Claim Form, Extension of Time, Written Agreement Requirement, Estoppel, Civil Procedure Rules (cpr)
Civil Procedure Service of Claim Form Extension of Time Written Agreement Requirement Estoppel Civil Procedure Rules (cpr)

Case Brief

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Parties

Mr Ian Thomas

Appellant

The Home Office

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether parties can agree to extend time for service of a claim form beyond CPR r.7.5
  2. 2 Whether such agreement must be in writing under CPR r.2.11 and what constitutes a written agreement
  3. 3 Whether estoppel can override the written agreement requirement

Ratio Decidendi

CPR r.2.11 permits parties to agree in writing to extend the time for service of a claim form under r.7.5, but only if the agreement is in writing. In this case, none of the extensions were valid written agreements as required, and thus the claim form was served out of time. Estoppel cannot override the written agreement requirement.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; claim form deemed served out of time; no effective extension of time granted.