In this briefing, we look at the issues raised by Venulum Property Investments Ltd v Space Architecture Ltd. These include the court’s approach to applications for relief from sanctions made before 1 April 2013 but heard after that date, and extensions of time for service of particulars of claim.
The new CPR 3.9 applies where the application for relief from sanctions is made on or after 1 April 2013. CPR 23.5 states that an application is made when the court receives the application notice. In Venulum Property Investments Ltd v Space Architecture Ltd, the application for an extension of time for service of the particulars of claim was made before 1 April, but it was heard on 11 April.
Initially both counsel agreed that the new version of CPR 3.9 could be ignored but, in what was described as a late change of mind, counsel for the defendants submitted that this was not an application for relief from sanctions but an application for an extension of time under CPR 3.1(2)(a).
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