THE IMPORTANT DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION TO SERVE A CLAIM FORM: “CLEAR WATER” BETWEEN THE TWO TESTS: COURT OF APPEAL OVERTURNS ORDER SETTING ASIDE A PROSPECTIVE APPLICATION FOR SERVICE

In ST v BAI (SA) Trading As Brittany Ferries [2022] EWCA Civ 1037  the Court of Appeal overturned a decision, itself made on appeal, where a prospective application to extend time for service of the claim form was set aside. The Court held that the initial decision by the admiralty registrar, to mak...