( the Set Aside Application )
(the Set Aside Application).
The claimant has since issued three applications:
an application dated 28 February 2025 pursuant to CPR7.6(1) seeking an extension of time for service of the claim form on the defendants to 1 September 2025 (the February 2025 Extension Application);
an application dated 8 April 2025 pursuant to CPR 6.15(1) or 6.16(1) seeking permission to serve by alternative means or an order that service is dispensed with together with an order pursuant to CPR 7.6((1) or 3.1(2)(a) extending time for service of the Claim Form and Particulars of Claim (the Alternative Service Application); and
an application dated 6 May 2025 seeking orders about service on the first defendant.
Witness Statements of:
Caroline Phipps of LK Law LLP (LK), solicitors for the second defendant dated 3 January 2025 (Phipps 1);
Patrick Murray of DMH Stallard LLP (DMH), solicitors for the claimant dated 8 April 2025 (Murray 2)
Caroline Phipps dated 28 April 2025 (Phipps 2);
Patrick Murray dated 6 May 2025 (Murray 3); and
Caroline Phipps dated 13 May 2025 (Phipps 3);
have been signed in connection with the Set Aside Application.
In addition on 23 February 2025 Patrick Murray signed a witness statement in support of the 2025 Extension Application, (Murray 1).
- Heading
- The Applications
- ( the Set Aside Application )
- The Set Aside Application
- The Parties and the Claims
- The Law
- Applications For Extensions Without Notice
- Limitation
- The Second Defendant’s Submissions
- Full and frank disclosure
- No exceptional circumstances or good reasons
- The Claimant’s Submissions
- Will a limitation defence be prejudiced by the Extensions?
- Reasonable steps to serve within time
- Alleged non-disclosure - Limitation
- Alleged Non-Disclosure - Unpaid Costs
- Alleged Non-Disclosure - Delays in service
- Injustice to the Cs
- Discussion and Conclusions on the Set Aside Application
- CPR rules 7.6(3), 6.16 and 6.15
- Claimants’ Submissions
- Second Defendant’s Submissions
- Conclusions
![BL-2021-000228 - [2025] EWHC 2222 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png)