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The courts get tough!

Some recent judicial decisions in the Technology and Construction Court show the court is taking a less compromising attitude to litigants.

In the case of Venulum Property Investments Limited v Space Architecture Limited and others, Venulum had failed, by a mistake, to serve its particulars of claim within the time limits allowed by the court. The particulars of claim were served only a few days later, but by then the limitation period for commencing a court action had expired. One of the defendants refused to agree that time could be extended. Venulum applied to the court for the court to exercise its discretion and allow the late service but permission was refused. The court relied on the change of the Civil Procedure Rules on 1 April 2013, which now emphasise that it is part of the overriding objective of the court procedures that the court should enforce compliance with rules, practice directions and court orders. More…