St Helen’s Metropolitan Borough Council v. Barnes [2006] EWCA Civ 1372
This decision served to stress that, whilst it is important to file a claim within the relevant time limit, the date of issue stamped on the claim form is not determinative. This is because whilst the claim form in this case was delivered to the court clerk within the time limit provided by the Limitation Act 1980, it was not actually issued until after the limitation period. Therefore, a discrepancy arose and it was only on appeal that the court recognised as long as the claim form was received within the period the claim could proceed to court under the CPR 1998 at rule 7.2(5).
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