Q&As

Do you have any case law which covers the situation where—a claim form is issued against a defendant but not served within the timescales allowed under CPR 6.1(2) such that the defendant is not a party to the claim as they have not been validly served with both claim form and particulars, and where the court considers the appropriate procedure when a claim form is issued, but before service the claimant elects not to pursue a defendant, in order to remove the defendant from the proceedings (anticipated as by notice of discontinuance)?

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Produced in partnership with Kayleigh Lindford of Clarke Willmott
Published on LexisPSL on 15/03/2018

The following Dispute Resolution Q&A produced in partnership with Kayleigh Lindford of Clarke Willmott provides comprehensive and up to date legal information covering:

  • Do you have any case law which covers the situation where—a claim form is issued against a defendant but not served within the timescales allowed under CPR 6.1(2) such that the defendant is not a party to the claim as they have not been validly served with both claim form and particulars, and where the court considers the appropriate procedure when a claim form is issued, but before service the claimant elects not to pursue a defendant, in order to remove the defendant from the proceedings (anticipated as by notice of discontinuance)?

Do you have any case law which covers the situation where—a claim form is issued against a defendant but not served within the timescales allowed under CPR 6.1(2) such that the defendant is not a party to the claim as they have not been validly served with both claim form and particulars, and where the court considers the appropriate procedure when a claim form is issued, but before service the claimant elects not to pursue a defendant, in order to remove the defendant from the proceedings (anticipated as by notice of discontinuance)?

Proceedings are commenced when the court issues a claim form under CPR 7.2(1). The defendant becomes a party to the proceedings as soon as the claim form is issued.

While CPR 7.5(1) requires the claim form to be served within four months of the issue date (for service in the jurisdiction), CPR 7.6 allows the claimant to apply to extend this period. If the period has already expired, the test is a very stringent one, and you must demonstrate to the court you have acted promptly, and made reasonable attempts to serve the claim form within four months. The relevant case law will depend upon the reason you have been unable to serve the claim form. For

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