Court considers limits of the court’s jurisdiction to retrospectively extend time for the service of proceedings (Galliford Try Construction v Arcadis Consulting (UK) Ltd)
Dispute Resolution analysis: This case confirms the dangers of parties seeking to extend the deadline for service of the claim Form and particulars retrospectively. The argument that the defendants had impliedly agreed to the extension was not made out and, in any event, a retrospective extension will only be granted under CPR 7.6 (3) where the claimant has taken ‘all reasonable steps’ to serve the claim form (where the onus is on them to do so). The claimant had taken no such steps to serve in advance of the expiry of the deadline and, accordingly, the court lacked jurisdiction to hear the application. Further, this case confirms that, while CPR 2.11 allows parties to vary the time specified to undertake an act by written agreement, to be effective, a stay must be pursuant to an order of the court. Written by Georgia Whiting, legal counsel at Capita.