header-logo header-logo

30 July 2009
Issue: 7380 / Categories: Case law , Law digest
printer mail-detail

Civil procedure

F G Hawkes (Western) Ltd v Beli Shipping Co Ltd [2009] EWHC 1740 (Comm), [2009] All ER (D) 207 (Jul)

On the true construction of CPR 7.6 and following established case law, there was a clear contrast between CPR 7.6(2) and 7.6(3). CPR 7.6(2) governed applications for extensions of time made within the period of validity of the claim form and CPR 7.6(3) dealt with applications for extensions of time made after the expiry of that period. Under CPR 7.6(2) the court had power to grant an extension of time even if it was not satisfied that the claimant had taken all reasonable steps to serve and had acted promptly.

The court’s power under CPR 7.6(2) should be exercised in accordance with the overriding objective in CPR 1.1 and 1.2. That entailed an inquiry into why the claim form had not been served within the relevant period. Once that was answered, the court took a more calibrated approach; therefore the better the reason for not having served in time, the more likely it was that an extension would

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll