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PI Brief Update

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.

Facts

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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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.