Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal: Claim form issued when sealed; no relief for late service; entire background relevant to CPR 7.6(3) extensions (Bali v 1‑2 Couriers)

Published on: 11 November 2025

Published by a LexisNexis Dispute Resolution expert

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Article summary

Bali v 1-2 Couriers Ltd [2025] EWCA Civ 1413

Note: In the judgment, any mention of the appellant’s solicitors refers to her former representatives. Her present solicitors were instructed after the events to which this appeal relates had occurred.

What was the background?

This was a personal injury damages claim by Mrs Bali arising from a road traffic collision on 2 December 2019; the primary limitation period, under section 11 of the Limitation Act 1980, expired on 2 December 2022. The appellant engaged solicitors very near the end of that period, on 22 November 2022. On 29 or 30 November 2022, those solicitors sent a claim form to the County Court Money Claims Centre (CMCC) together with a Help with Fees application; it was received on 2 December 2022, the final day of the limitation period. The court then sought further details for the Help with Fees process, requested on 16 December 2022; however, the information was not supplied until 15 March 2023. Subsequently, there were substantial further delays, interspersed with the appellant’s solicitors’ unsuccessful efforts to pay the required contribution of £1,360, despite multiple attempts by them to do so as required...

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