Instone v Prosecco (Leeds) Ltd [2016] EW Misc B13 (CC) (10 May 2016)

Instone v Prosecco (Leeds) Ltd [2016] EW Misc B13 (CC) (10 May 2016)

It was objectively reasonable for the claimant to withdraw the first application to restore Prosecco given the uncertainty about the occupier, the liquidator's costs, and lack of funding. Prompt action was taken once the correct information was received. The jurisdictional threshold for extension under CPR 7.6(3) was met.

Citation
[2016] EW Misc B13 (CC)
Parties
Claimant: Mrs Instone; Defendant: Prosecco (Leeds) Ltd
Jurisdiction
England and Wales
Judgment Date
10 May 2016
Procedural Posture
Appeal / Appeal Against Order Extending Time for Service of Claim Form
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Service, Restoration of Dissolved Companies, Occupiers Liability, Limitation Periods
Civil Procedure Personal Injury Company Law Extension of Time for Service Restoration of Dissolved Companies Occupiers Liability Limitation Periods

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mrs Instone

Claimant

Prosecco (Leeds) Ltd

Defendant

Procedural Posture

Appeal / Appeal Against Order Extending Time for Service of Claim Form

Legal Issues

  1. 1 Whether the claimant took all reasonable steps to comply with CPR 7.5 for service of claim form
  2. 2 Whether extension of time for service under CPR 7.6(3) was justified
  3. 3 Effect of restoration of dissolved company on claim validity

Ratio Decidendi

It was objectively reasonable for the claimant to withdraw the first application to restore Prosecco given the uncertainty about the occupier, the liquidator's costs, and lack of funding. Prompt action was taken once the correct information was received. The jurisdictional threshold for extension under CPR 7.6(3) was met.

Court Disposition

Appeal dismissed

Orders

  • Order extending time for service of claim form upheld
  • Claim against Prosecco may proceed