header-logo header-logo

Civil Litigation

28 June 2007
Issue: 7279 / Categories: Case law , Law digest
printer mail-detail

Drury v BBC [2007] EWCA Civ 497, [2007] All ER (D) 384 (May)

CPR 7.6(3)(b) (extension of time for serving a claim form) requires the judge to consider whether all reasonable steps have been taken to serve the defendant during the four-month period allowed.  Attempts made after that time are irrelevant.

The right approach is to consider what steps were taken in the four-month period and then to ask whether, in the circumstances, those steps were all that it was reasonable for the claimant to have taken.  The test is whether what the claimant had done was objectively reasonable, given the circumstances that prevailed. 

A litigant who leaves his efforts at service to the last moment and then fails due to an unexpected problem is very unlikely to persuade the court that he has taken all reasonable steps to serve the claim in time. Without such a finding, the court is unable to extend time, and both sub-paras (b) and (c) of P 7.6(3) have to be satisfied for the court to have discretion to grant relief.

Issue: 7279 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Payne Hicks Beach—Craig Parrett

Payne Hicks Beach—Craig Parrett

Insolvency and restructuring practice welcomes new partner

Muckle LLP—Phoebe Gogarty

Muckle LLP—Phoebe Gogarty

North East firm welcomes employment specialist

Browne Jacobson—Colette Withey

Browne Jacobson—Colette Withey

Partner joins commercial and technology practice

NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
back-to-top-scroll