- Cited — Dr Sanjay Pitalia & Anor v NHS England 2023-06-09
“…of the rectification power under CPR 3.10, which must not be used to achieve something expressly prohibited by other Rules. He cited Vinosv Marks & Spencer plc [2001] 3 All ER 784. The claimant had failed to serve the claim form in time. After the four month period had expired he sought a retrospective extension of time and an order reme…”
- Cited — The Good Law Project (R on the application of) v The Secretary of State for Health and Social Care 2022-03-24
“…ion of time to serve a claim form) is engaged, CPR 3.1(2)(a) is not. The specific overrides the general (see Vinos v Marks and Spencer plc[2000] EWCA Civ B526; [2001] 3 All ER 784 at [27]).…”
- Followed — Ideal Shopping Direct Limited & Ors. v Mastercard Incorporated & Ors. 2022-01-13
“…service under CPR 7.5 as extended by agreement of the parties. He went on to hold, following the decision of the Court of Appeal in Vinos v Marks & Spencer plc [2001] 3 All ER 784, followed in subsequent decisions of this Court, that the defect in service could not be remedied under CPR 3.10.…”
- Cited — Al-Zahra (PVT) Hospital & Ors v DDM 2019-06-27
“…years and four months) are generous and the claim form does not have to contain full details of the claim. Dyson LJ cited May LJ in Vinos v Marks & Spencer plc [2001] 3 All ER 784, 790, para 20: “…There is nothing unjust in a system which says that, if you leave issuing proceedings to the last moment and then do not comply with this part…”
- Cited — Grant v Dawn Meats (UK) 2018-10-16
“…There are a number of authorities dealing with these rules, including Vinos v Marks and Spencer PLC [2001] EWCA Civ 1415, [2001] 3 All ER 784 (CA); and, more recently, Barton v Wright Hassall LLP [2018] UKSC 12, [2018] 1 WLR 1119. In the latter case, a claimant acting in person purported to serve a c…”