APPLICATION TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM REFUSED: CLAIMANT’S CASE AGAINST THIS DEFENDANT GOES UP IN SMOKE…
In Viner -v- Volkswagen Group Limited  EWHC 2006 (QB) Senior Master Fontaine refused the claimants’ application to extend time for service of the claim form. A link to the judgment is available from the Law Society Gazette article on the case available here.
“The line of authorities commencing with Hashtroodi are well known to civil practitioners and a deliberate decision not to serve the claim form within the period of validity must, in my judgment, be characterised as incompetent, as it puts at risk the ability to continue the Claimants’ claims”
The claimants brought an action against the defendants relating to diesel emissions from cars. Various extensions to extend time for service of the claim form had been agreed by the defendant VWUK. The claimant applied for a further extension of time. This was the application being considered by the Master.
The Master considered the history of the litigation in detail. She refused the claimants’ application.