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A Reminder of the 'Generous Ambit' Of Potential Responses to Applications for Extensions of Time for Service of A Claim Form: ST v Bai (SA) [2022] EWCA Civ 1037 - Sebastian Bates, Temple Garden Chambers

19/08/22. The Court of Appeal has in ST v BAI (SA) [2022] EWCA Civ 1037 considered the approach to be taken to applications under CPR 7.6(2) for an extension of time in which to serve a claim form.


ST alleged that she had been sexually assaulted on a ferry operated by BAI (SA). Her claim was subject to a limitation period of two years. BAI (SA)’s domicile was France, where service could be effected without permission. The claim form had to be served within six months of issue under CPR 7.5(2).

Proceedings were issued in time and the deadline for service was 14 August 2020. On 4 August 2020, ST’s solicitors were told that service out of the jurisdiction would be economically infeasible because the relevant officials in Brittany had gone on holiday due to the judicial vacation. They applied under CPR 7.6(2), referring to the judicial vacation as well as pandemic-induced delays in obtaining medical records and arranging a medical examination. On 5 August 2020, an extension was granted through to 14 December 2020 by the Admiralty Registrar. On 7 December 2020, a further extension was granted through to...

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