In a low value road traffic accident case the claimant issues a limitation protective Pt 8 claim whilst the pre-action protocol stages are progressed. The claim form is returned to the claimant’s solicitors for service if required in due course but the court fails to stay the claim as sought in the claim form. The claimant’s solicitors are not alert to this fact and fail to serve within four months of issue. Can the claim be rescued?
CPR 7.6 applies and is a self-contained code. It provides that time can only be extended if the claimant has taken all reasonable steps to comply with CPR 7.5 but has been unable to do so or the has court failed to serve the claim form and in either event the claimant has acted promptly in making the application. That self-contained code operates outside of CPR 3.9, Mitchell, Denton etc. Here, there is no evidence to suggest that the claimant could make a successful application.
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