17 May 2012
Hallam Estates Ltd and another v Baker [2012] EWHC 1046 (QB), [2012] All ER (D) 49 (May)
It was well established that the court would only make an order to extend time for service under CPR 7.6(2) if the claimants had taken all reasonable steps to comply with CPR 7.5 but had been unable to do so. The power under CPR 7.6(2) should be exercised in accordance with the overriding objective. Further, whether the limitation period had expired was of considerable importance. A defendant’s limitation defence was not to be circumvented by an extension of time for service of a claim form, save in exceptional circumstances.
