CLAIMANT’S APPLICATION FOR AN EXTENSION OF TIME TO SERVE PARTICULAR OF CLAIM REFUSED: A CASE THAT WAS IN THE “LAST CHANCE SALOON” FOR FAR TOO LONG
In CDE v Buckinghamshire County Council [2022] EWHC 738 (QB) Master Thornett rejected a claimant’s application for an extension of time for service of the particulars of claim. The action had a long history with a pattern of delay on…
COURT REFUSES TO EXTEND TIME IN HUMAN RIGHTS ACT CLAIM: THERE IS NO RIGHT TO LITIGATE – THAT IS WHAT LIMITATION IS
In Rafiq v Thurrock Borough Council [2022] EWHC 584 (QB) Mrs Justice Collins Rice refused a claimant’s for an extension of time to a claimant bringing a claim under the Human Rights Act. The judgment is a reminder that there…
COURT REFUSES CLAIMANT’S APPLICATION TO AMEND ITS OWN APPLICATION: THE DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION
There are few judgments in relation to the amendment of applications. This issue was considered by Deputy Master Francis in Cavadore Ltd & Anor v Jawa & Anor [2021] EWHC 3382 (Ch). The claimant’s application to amend its application was…
HOME SECRETARY REFUSED PERMISSION TO SERVE EVIDENCE LATE: THE OVERRIDING OBJECTIVE WAS USED EVEN IF DENTON DID NOT APPLY
In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the Secretary of State was refused permission to rely on evidence served late. The issue was decided under the Overriding Objective, rather than by reference to the…
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