Issuing claim forms in and out of time—important lessons in procedure, jurisdiction and limitation (Guo v Kinder)

Article summary

Dispute Resolution analysis: The appellant, Jian Guo, issued a professional negligence claim against her former legal representatives. The claim was struck out on the basis that it was statute barred. Relying on CPR PD 7A, para. 6.1 (previously para 5.1) and the court’s inherent jurisdiction, Guo argued that the court should have treated her claim as being brought in time on the basis of an earlier claim form she purportedly filed. The earlier claim form had been rejected by the court office due to substantive errors on its face and in the mode of filing. In dismissing the appeal, the Court of Appeal provided useful guidance as to the meaning of the ‘claim form as issued’ for the purposes of reliance on CPR PD 7A, para. 6.1. The Court of Appeal did not need to determine whether the court’s inherent jurisdiction to allow proceedings to be brought after the expiry of the relevant limitation...