07 March 2014
MB Garden Buildings Ltd v Mark Burton Construction Ltd and another [2014] EWHC 431 (IPEC), [2014] All ER (D) 276 (Feb)
The criteria governing an extension of time for service of particulars of claim were significantly less stringent than those relating to extending time for service of the claim form. The general discretionary power had to be exercised in accordance with CPR 3.9. CPR 6.15 raised two issues: (i) whether good reason had been shown sufficient to engage the rule; and (ii) if so, whether the judicial discretion which then arose should be exercised in favour of making the order. They were cumulative conditions. “Good reason” was something less than the exceptional circumstances required by CPR 6.16.
