Extension of time

Imperial Cancer Research Fund and another v Ove Arup & Partners Ltd and another [2009] EWHC 1453 (TCC)

A week before the expiry of the four-month period for service of the proceedings, the claimant obtained a three-month extension of time. The defendant’s application to set aside the order for extension was refused. The claimant’s solicitors had behaved sensibly and responsibly in not wishing to serve the claim form until they were in a position where they knew whether they had a viable particularised claim against one of the proposed parties. They required expert evidence and the expert in turn had needed to carry out an excavation before he could report.