Bellway Homes Ltd (appellant) v The Occupiers Of Samuel Garside House (respondent)
Wednesday 8 October 2025
The Defendant appeals against the order made by Master Dagnall on 13 March 2025. The appeal was transferred to the CA under CPR 52.23 by Sir Stephen Stewart on 26 March 2025.
This appeal raises the following question: if (a) a claimant issues a claim but fails to serve it within the necessary time, (b) they serve it out of time and then apply to court for an order validating the late service, (c) the application is refused, and (d) the defendant is found not to have submitted to the court’s jurisdiction, is the claim at an end or can the court still direct the defendant to acknowledge service and file a defence?