Grant v Dawn Meats (UK)

Grant v Dawn Meats (UK)

A court-imposed stay pauses the time limit for service of the claim form; service within the remaining period after the stay expires is valid under the CPR.

Parties
Appellant/claimant: David Grant; Respondent/defendant: Dawn Meats (UK)
Jurisdiction
England and Wales
Judgment Date
16 October 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
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 8 Party arguments 2
Sign in to unlock

Parties

David Grant

Appellant/claimant

Dawn Meats (UK)

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Does a court-imposed stay of proceedings affect the time limit for service of the claim form under CPR?
  2. 2 Is service of the claim form required during a stay, or does the stay pause the time limit?

Ratio Decidendi

A court-imposed stay pauses the time limit for service of the claim form; service within the remaining period after the stay expires is valid under the CPR.

Court Disposition

appeal allowed

Orders

  • Decision of Deputy District Judge Davy reinstated
  • Respondent’s application to strike out claim for non-service dismissed