Court Cannot Backdate The Date Of Seal On A Claim Form

In Walton v Pickerings Solicitors & Anor [2023] EWCA Civ 602, the Court of Appeal overturned the High Court's decision and held that the Court has no power to backdate a claim form and must seal it with the date it was issued.

Background

The claimant attended court on 20 July 2020 and provided copies of the claim form and the correct fee. He was told the claim form would be sealed later that day and be sent back to him so he could effect service on the defendants. Due to problems caused by Covid, by 25 November 2020, the sealed copy of the claim form had still not been issued and appeared to have been lost. Following communications with the Court, the claim form was eventually sealed between 30 November and 7 December 2020. However, the date of the seal had been backdated to 20 July 2020, therefore the four-month period in which a claim form must be served had already expired.