Failure to provide correct court fee in time results in strike out (Price v Egbert H Taylor)

Table of contents

• Practical implications
• Court details

Article summary

Dispute Resolution analysis: HHJ Lopez, in a case on appeal in the Birmingham County Court, has upheld the striking out of the claimant’s case. The strike out was on the basis that an application to extend time for service had not been received by the court prior to expiry of the time for service and the claimant was unable to meet the stringent test under CPR 7.6(3) for an extension of time—this test includes the requirement that the claimant has taken all reasonable steps to comply with CPR 7.5 but has been unable to do so.