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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Thomas v The Home Office [2006] EWCA Civ 1355 (19 October 2006) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2006/1355.html Cite as: [2007] 1 WLR 230, [2006] EWCA Civ 1355 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM SOUTHPORT COUNTY COURT
District Judge Bellamy
4DC01767
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE NEUBERGER
and
LORD JUSTICE LLOYD
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MR IAN THOMAS |
Appellant |
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- and - |
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THE HOME OFFICE |
Respondent |
____________________
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Mr Ashley Serr Esq (instructed by The Treasury Solicitors) for the Respondent
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Crown Copyright ©
Lord Justice Neuberger :
Introduction
i) Can the parties agree an extension of time for service of a claim form outside the period specified in r. 7.5?
ii) If so, must the agreement be written, and if so in what form?
iii) If a written agreement is required by the CPR, can a claimant nonetheless invoke estoppel in order to rely upon an oral agreement?
iv) What are the consequences of the answers to the above questions in this case?
"7.5 (1) After a claim form has been issued, it must be served on the defendant.
(2) The general rule is that a claim form must be served within 4 months after the date of issue.
(3) The period for service is 6 months where the claim form is to be served out of the jurisdiction."
"7.6 (1) The claimant may apply for an order extending the period within which the claim form may be served.
(2) The general rule is that an application to extend the time for service must be made –
(a) within the period for serving the claim form specified by rule 7.5; or
(b) where an order has been made under this rule, within the period for service specified by that order.
(3) If the claimant applies for an order to extend the time for service of the claim form after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if –
(a) the court has been unable to serve the claim form; or
(b) the claimant has taken all reasonable steps to serve the claim form but has been unable to do so; and
(c) in either case, the claimant has acted promptly in making the application.
(4) An application for an order extending the time for service –
(a) must be supported by evidence; and
(b) may be made without notice."
"2.11 Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.
(Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of case management timetable – fast track) and 29.5 (variation of case management timetable – multi-track), provide for time limits that cannot be varied by agreement between the parties)"
The facts of this case
Can the parties agree an extension of time for the service of a claim form?
What is required by rule 2.11?
The argument that an estoppel can arise from an oral agreement
The disposal of this appeal
Conclusion
Lord Justice Lloyd
Lord Justice Jacob