Extending time for service of the claim form—principles


Produced in partnership with Sarah Bousfield of Brick Court Chambers
Practice notes

Extending time for service of the claim form—principles


Produced in partnership with Sarah Bousfield of Brick Court Chambers

Practice notes
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This Practice Note considers obtaining an extension of time for serving the claim form. It looks at preliminary considerations such as validity of the claim form (CPR 7.5 or as set out in statute). The impact of making the application during or after the claim form validity period is considered as well as the grounds on which the court will grant an extension and any imitation considerations.

For guidance on:

  1. •

    making an application, see Practice Note: Extending time for service of the claim form—making an application

  2. •

    the different options available when encountering difficulties with serving the claim form, see Practice Note: Difficulties with service of the claim form—practical considerations

For insight on previous decisions, see Practice Note: Extending time for service of the claim form—illustrative decisions.

Preliminary considerations

Before making an application to extend time for service, consider the following:

  1. •

    is an extension of time required?—the claim form must either be served within the periods set out in CPR 7.5 or within the time periods prescribed by statute

Sarah Bousfield
Sarah Bousfield

Brick Court Chambers

Sarah has an expansive practice covering all aspects of commercial dispute resolution, financial services, energy, regulation, and public law. Sarah has particular expertise in civil fraud matters and pre-emptive remedies, including asset freezing, evidence preservation and pre-action disclosure orders, as well as proceedings for contempt of court for breach of pre-emptive orders. Sarah undertakes both advisory and litigation work and regularly acts in complex, high value litigation in the High Court and in international arbitrations. As sole counsel, she has appeared in numerous different courts and tribunals, including the High Court and Court of Appeal. Sarah has a diverse clientele including City, corporate and private clients. In particular, she is regularly instructed by leading multi-family offices who manage the assets and affairs of ultra-high net worth individuals.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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