The Issues

The Claimants and Defendant agreed to extend the time for issuing and serving court proceedings beyond the 6 year limitation period, while the outcome of linked litigation was proceeding, culminating in proceedings needing to be issued and served by 17^th July 2020. The claimants’ solicitors started the process of filing the claims electronically a day before the deadline, but when they had not been received by 3pm on the next day, the 17^th July deadline, a decision was made to serve the unsealed claim forms and accompanying documents.

The original sealed claim forms remained at the claimants’ solicitors offices.

The claimants’ solicitor “served” copies of amended claim forms at a time when these had not been sealed by the court.

The defendants applied for orders that the claimants had not served the claim forms in time and that the court did not have jurisdiction.