Court warns against leaving things to the last minute

Parties were warned of the risk of leaving things until the last minute when the court dismissed an appeal against an order refusing extension of time for service of the claim form and particulars of claim.

The Claimant in Price v Egbert H Taylor & Company Ltd had previously obtained two extensions of time for service of the claim form and particulars of claim.  The Claimant then applied for a third extension five days before the expiry of the extended deadline, but forgot to enclose the application fee and it was not received until the previously allowed time had elapsed.  At first instance the judge denied the claimant a further extension and ordered the claim be struck out.

The Claimant’s reliance on the rule that where an application must be made within a specified time….” it is so made if the application notice is received by the court within that time” was rejected by the Court and it was found :

• Non-payment of the fee meant that the application was out of time as it was not properly constituted.
• The Claimant had requested the application be dealt with on paper; therefore the court was not obliged to serve a notice requiring payment of the fee.

This decision highlights the importance of making applications punctually so that there is sufficient time to correct errors. If you would like further information, contact info@charlesfrenchlaw.co.uk