Christopher Johnson successful in bizarre CPR interpretation appeal
Ellis v the Chief Constable of Avon & Somerset Constabulary
The claimant had served his claim form and particulars of claim together, in the same envelope, by first class post. The defendant argued that the CPR should be interpreted so that the claim form was served in time, but the particulars of claim deemed served out of time. This bizarre argument had been accepted at first instance, but was rejected on appeal by HHJ Ralton, who described the defendant’s interpretation of the rules as “quite extraordinary”.
Full judgment available here.