CA-2025-000452 - [2025] EWCA Civ 1413

“ 7.6Extension of time for serving the claim form

The claimant may apply for an order extending the period for compliance with rule 7.5.

The general rule is that an application to extend the time for compliance with rule 7.5 must be made:

within the period for serving the claim form specified by rule 7.5; or

where an order has been made under this rule, within the period for serving the claim form specified by that order.

If the claimant applies after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make an order to extend the period only if:

the court has evidence that the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and

in all the circumstances of the case, the court considers it appropriate to do so.”

CPR r. 7.7 is entitled “Application by defendant for service of claim form”. It provides, so far as relevant:

Where a claim form has been issued against a defendant but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within the period specified in the notice.

The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice.

…”