0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

White v Somerset County Council, Liverpool County Court

12 May 2005
The issues

Service Out Of Time – Validity Of Claim Form – Whether Date On Notice Of Issue Supersedes Date On Claim Form

The facts

The Claimant issued proceedings on 3rd December 2004. The Claim Form was dated with that date. The Notice of Issue was dated 7th December. The Claimant’s solicitor served proceedings on 5th April. The different dates had been caused by an error on the part of Court staff. The Claimant’s solicitor relied on the later date. The Claimant applied for a declaration that service had been effective or if unsuccessful in that application for permission to extend time for service pursuant to CPR 7.6 or in the further alternative, for an Order that service be dispensed pursuant to CPR 6.9.

The decision

The Claim Form is issued on the date entered on the form by the Court (CPR 7.2) (2). The fact that the Notice of Issue incorrectly stated another and later date did not alter this. The Claimant’s solicitor had therefore failed to affect service within the four months permitted by the rules.

The Application for an extension of time under CPR 7.6 failed. The rule had to be construed strictly (Vinos v Marks and Spencer) and it could not be said that the Claimant had taken all reasonable steps to serve the Claim Form.

The Application under CPR 6.9 also failed. The Court only had discretion to dispense with service in exceptional circumstances if there had been an attempt, albeit ineffective, to serve the Claim Form in time (see Anderton v Clwyd County Council and Cranfield v Bridgegrove). Otherwise CPR 6.9 could not be invoked to dispense with service when what was to be done was in substance that which Rule 7.6 (3) forbayed. (See Godwin v Swindon Borough Council).

Claim dismissed.


For further information on the above case please contact Roger Harris of 2 Temple Gardens at rharris @2tg.co.uk of 2 Temple Gardens and Daniel Turner of Veitch Penny at danielturner@veitchpenny.co.uk

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up