- Retrospective order for service of the claim form overturned on appeal (Foran v Secret Surgery)
- Practical implications
- What were the applicable CPR provisions in this case?
- Should the extension of time have been dealt with at a hearing?
- Why did the appeal succeed in this case?
- Court of Appeal authorities in this area
- Court details:
Dispute Resolution analysis: Mrs Justice Cox reiterated the key principles set out by the Court of Appeal in Hashtroodi, Collier, Hoddinott and Bayat which clearly explain the legal principles to be applied in relation to the application of CPR 7.6 dealing with extensions of time for service of the claim form. The affect of such an extension on possible limitation defences meant that the application should have been dealt with at a hearing rather than on the papers. Key considerations in allowing the appeal were the paucity of any supporting evidence from the claimant and the lack of consideration by the Master of the possible limitation defence.
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