Q&As

Can court proceedings be stayed when a claim form has been issued at court, but not yet served on the defendant?

read titleRead full title
Published on LexisPSL on 16/11/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can court proceedings be stayed when a claim form has been issued at court, but not yet served on the defendant?

Proceedings are started when the court issues the claim form (CPR 7.2). The claim form must then be served within the timescales provided for within CPR 7.5.

Where the claim form is not served within those requisite timescales, the proceedings do not automatically lapse but will continue in limbo. If the claimant is not intending to pursue the claim then a notice of discontinuance should be served. If the claimant does not do so and the defendant has to make an application for the proceedings to be discontinued, the claimant may be liable for indemnity costs. For more information, see News Analysis: Serve the

Popular documents