Hoddinott & others v Persimmon Homes (Wessex) Limited
[2007]: Beware of the Strict Application of CPR Part 11 -
Don't Lose Your Right to Dispute the Court's
Jurisdiction
The recent case of Hoddinott is a warning for solicitor insureds
that the rules on disputing the jurisdiction of the Court will be
applied very strictly.
Background
The claimants applied, without notice to the defendant, to
extend the four month time limit for service of the claim form, on
the basis that they were awaiting expert evidence to help fully
particularise their claim and to do so would facilitate a more
economic disposal of the issues during the litigation. The district
judge granted the application and extended time for service to 22
November 2006. The claimants then informed the defendant of the
extension and enclosed a copy of the claim form for information
purposes only. The claim form and full particulars of claim were
subsequently served on 21 November 2006.
