header-logo header-logo

28 June 2007
Issue: 7279 / Categories: Case law , Law digest
printer mail-detail

Civil Litigation

Drury v BBC [2007] EWCA Civ 497, [2007] All ER (D) 384 (May)

CPR 7.6(3)(b) (extension of time for serving a claim form) requires the judge to consider whether all reasonable steps have been taken to serve the defendant during the four-month period allowed.  Attempts made after that time are irrelevant.

The right approach is to consider what steps were taken in the four-month period and then to ask whether, in the circumstances, those steps were all that it was reasonable for the claimant to have taken.  The test is whether what the claimant had done was objectively reasonable, given the circumstances that prevailed. 

A litigant who leaves his efforts at service to the last moment and then fails due to an unexpected problem is very unlikely to persuade the court that he has taken all reasonable steps to serve the claim in time. Without such a finding, the court is unable to extend time, and both sub-paras (b) and (c) of P 7.6(3) have to be satisfied for the court to have discretion to grant relief.

Issue: 7279 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll