A Very Strict Regime

Totty v Snowdon; Hewitt v Wirrall & West Cheshire Community NHS Trust (CA LSG 4 October)

CPR 7.4(1)(b) provides that if particulars of claim were not served with the claim form they must be served within 14 days after service of the claim form and not later than the latest time for serving a claim form. Rule 16.4 prescribes the contents of the particulars of claim. In both cases the claim form had been served in time but in the first case the particulars of claim had been served out of time, while in the second case the claimant had served particulars of claim which did not comply with the requirements of rule 16. In granting extensions of time the court held that it was a perfectly sensible approach to have a very strict regime in relation to service of the claim form and to have a discretionary regime subject to the overriding objective in relation to the particulars of claim where there was a failure to comply with the rules as to service, and that accordingly in the circumstances, the court had discretion to extend the time for service of the particulars of claim in both cases.