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ARTICLE · 09 NOVEMBER 2018

Time Limit For Serving Claim Form Will Not Run During Stay Of Proceedings

Herbert Smith Freehills Kramer LLP
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In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any other procedural step.

United KingdomLitigation, Mediation & Arbitration
Nick Chapman
Nick Chapman

In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any other procedural step: Grant v Dawn Meats (UK) [2018] EWCA Civ 2212.

Accordingly, the period of a stay will not count towards the timeframe within which a claim form must be served. Once the stay has expired or been lifted, the position as between the parties will be the same as it was at the moment the stay was imposed. Time for service of the claim form will continue to run from this point.

Although this judgment is given in the context of a personal injury claim and the specific provisions of the applicable pre-action protocol, there are similar provisions in other pre-action protocols and the practice direction on pre-action conduct. These provisions allow a claimant to issue proceedings and seek a stay if it is not possible to comply with the applicable pre-action protocol before limitation expires. This

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