In Bromley LBC v Heckel [2015] EWHC 3606 (TCC) Edwards-Stuart J held that it was not appropriate to extend a claimant local authority’s time for service of Particulars of Claim (pursuant to an application made before the time for service of the Particulars of Claim had expired) where the authority (1) had not issued proceedings until the last minute and (2) could have pleaded an arguable case against the defendant project manager within the time required by the rules (or the Claim Form would have been an abuse of the process of the Court if the claimant was unable to set out the nature of the case that it intended to make).  The Court’s discretion would not be exercised in the claimant’s favour.  Parties who issue late are “obliged to act promptly and effectively”.

This entry was posted on Thursday, December 17th, 2015 at 12:00 am and is filed under Judicial Control, Liability and Litigation. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.