Documents to be served on the defendant

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Documents to be served on the defendant
  • All cases—service of the particulars of claim
  • All cases—service of the response pack
  • What is the effect of failure to serve a response pack?
  • All cases—acknowledgment of service (Form N9(CC))
  • Service outside the jurisdiction only—notice for service out of the jurisdiction where permission of the court is not required (Form N510)
  • Service outside the jurisdiction only—notes for defendant replying to the claim form out of the jurisdiction (Form N1D)
  • Cases in disclosure pilot for the Business and Property Courts only—initial disclosure list of documents

Documents to be served on the defendant

This Practice Note sets out the documents that need to be served on the defendant alongside the claim form in civil litigation. The documents are the particulars of claim, response pack (Form N9 (including forms for admissions (Forms N9A and N9C)), defence and counterclaim (Forms N9B and N9D) and the acknowledgment of service (Form N9(CC)), notes for defendant replying to the claim form out of the jurisdiction (Form N1D) and notice for service out of the jurisdiction where permission of the court is not required (Form N510). It also considers the provision of an initial disclosure list of documents.

Practical consideration: when serving the defendant with the claim form which includes the particulars of claim, or when serving the particulars of claim if served separately from the claim form, a number of other documents need to be served on the defendant at the same time. It is important to ensure that all of the required documents are provided.

Where there is a failure to serve the requisite documents on the defendant, this can be time consuming, and potentially costly, to subsequently rectify. Whether the court will consider the failure to provide the relevant document(s) as a procedural error, such that the claimant can seek rectification under CPR 3.10, will depend on the circumstances of the case. However, it is important

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