Application For An Extension Of Time For Service Of The Claim Form – A Risk Worth Taking?

The case of Medhi Khosravi v. British American Tobacco PLC [2016] EWHC 123 (QB) concerned an application for an extension of time for service of the claim form and particulars. Sir David Eady, sitting as a High Court judge, reminds us that obtaining an extension of time for service of a claim remains a risky business for those parties to litigation that want to "take a chance". Sir David Eady states: "The overriding objective requires that the disciplines imposed by the CPR should not be allowed to lapse unnecessarily. Any delay in the normal timetable must be justified by the applicant. Such extensions should certainly not be granted as a formality or go through 'on the nod'."

Extensions of time

The jurisdiction to extend time pursuant to CPR 7.6 must be exercised in accordance with the...