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TIME AND LAW WAIT FOR NO MAN….

A recent High Court judgment has highlighted the stricter approach now to be taken by the Courts in dealing with parties who fail to comply with procedure rules and directions. In Venulum Property Investment v Space Architecture & Others the Claimant had failed to serve its Particulars of Claim upon the Defendants within the time limit set out in the Civil Procedure Rules. An application was made to the Court for permission to serve out of time. In refusing to grant that application, the Court took into account the fact that the Claimant had waited some 5 years from the time when the facts of the case arose before instructing solicitors to issue proceedings. This indicates that, even if a claim is still within the statutory limitation period, the Court will look dimly upon unexplained delay and will not be prepared to let any further delay slide. The moral of the story is, if you think you may have a claim, come and see us without delay!

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