The Applications
The Applications
The second defendant applied on 3 January 2025 pursuant to CPR Part 11 for an order setting aside:
three without notice orders extending time for service of the claim form:
the order of Deputy Master Bowles dated 17 August 2022 (the First Extension Order);
the order dated 1 December 2023 (the Second Extension Order); and
the order dated 19 June 2024 (the Third Extension Order);
(together the Extension Orders); and
setting aside service of the Claim Form
- 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
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