HT-2024-000328 - [2025] EWHC 2926 (TCC)

The Claimant made its application for an extension of time, either for issue and/or service of the Claim Form by application dated 23 December 2024.

CPR 62.4(2) provides that, unless the Court orders otherwise, an arbitration claim form must be served on the defendant within one month from the date of issue and rules 7.5 and 7.6 are modified accordingly.

As set out in Mr Dawson’s skeleton for the Defendants, on its face the Claim Form appeared to have been served out of time. It was marked as having been issued on 8 October 2024 and was served on the Defendants’ solicitors on 26 November 2024.

However, as is now realistically acknowledged by Mr Dawson, the recent third witness statement of Mr Sutton dated 23 September 2025 and the documents exhibited to that statement demonstrate that it was very likely that the Claim Form was not initially sealed on 8 October 2024 but was subsequently backdated.

As is now common ground, the reality was that the Claim Form was issued on 20 November 2024 when it was sealed by the Court, albeit with the wrong date stamp. It would be unjust to penalise the Claimant for an administrative or other error by the CE-file system. The time for service of that Claim Form was within time, namely by 26 November 2024. However, the real issue before the Court now is whether in those circumstances the Claimant is entitled to an extension of time for issue of the Claim Form in order to mount its challenge to the partial Arbitration Award.