High Court Dismisses Late Service Claim

[2024] EWHC 1219 (Admin)
06 Jun 2024

Public Law and Judicial Review

In Merrills v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 1219 (Admin), Karen Ridge sitting as a deputy High Court Judge has dismissed an application for an extension of time for the late service of a sealed claim form in a s.288 challenge and set aside the claim form. The case applies the principles derived from R (Good Law Project) v Secretary of State for Health and Social Care [2022] EWCA Civ 355 to the fact of the case. The Claimant had failed to take all reasonable steps open to it to effect service of a sealed claim form within the statutory period. Furthermore, the application for an extension was not made promptly.

Ben Du Feu acted for the Secretary of State.

Read the judgment here