In Hoddinott and others v Persimmon Homes (Wessex) Limited [2007] EWCA Civ 1203, the Court of Appeal considered an appeal against an order setting aside an order extending time for service of a Claim Form. Permission to appeal was given as it was considered that there may be a conflict between some of the relevant authorities. The appeal was allowed for two reasons; the defendant had not made an application about the court's jurisdiction under CPR 11.1 and the district judge should not have set aside the order extending time.

The case gives important guidance about the relevance of CPR 11 to such applications and does provide clarification regarding the previous authorities.