Dr Sanjay Pitalia & Anor v NHS England
[2023] EWCA Civ 657
Eric Walton v Pickerings Solicitors & Anor
6 June 2023
[2023] EWCA Civ 602
Court of Appeal
Mr. Walton's lawsuit was delayed because the court messed up. The judges decided the court couldn't pretend it happened earlier, and since Mr. Walton served his paperwork after the court actually processed it, his case isn't invalid.
Key Facts
- •Mr. Walton, acting in person, attempted to issue a claim form on July 20, 2020, paying the required fee.
- •Due to court error, he received the sealed claim form only on December 7, 2020, backdated to July 20, 2020.
- •The claim form's four-month validity period for service had expired.
- •He applied for a retrospective extension of time for service, which was refused at the High Court.
- •The appeal to the Court of Appeal focuses on whether the court has the power to backdate the claim form.
- •Mr. Walton's claim involved allegations against Pickerings Solicitors for breach of undertaking and Mr. Brophy for procuring a breach of contract.
Legal Principles
Proceedings are started when the court issues a claim form; a claim form is issued on the date entered on the form by the court.
CPR r 7.2
The court must seal the claim form on issue; a document appearing to bear the court’s seal is admissible in evidence.
CPR r 2.6
The date of issue under the CPR is primarily to start time running for service of the claim form.
CPR r 7.5, Practice Direction 7A para 6.1
Outcomes
The appeal was allowed.
The Court of Appeal held that there is no power to backdate the claim form. The date of issue should reflect the date of sealing and issuing, not the date the form was received by the court. Since service occurred after the actual (though delayed) sealing, it was deemed in time.
The claim form was declared duly served on both defendants.
The court found that the claim form was served in time because the backdating was incorrect; the actual date of issue was after the service, meaning service was not out of time.
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