Q&As

Does CPR 7.4(2) allow the defendant to apply to strike out a claim where particulars of claim are not served within 14 days of service of the claim form, or does the defendant need to wait till the expiration of the four-month window as per CPR 7.4 (2)?

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Published on LexisPSL on 11/08/2016

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

  • Does CPR 7.4(2) allow the defendant to apply to strike out a claim where particulars of claim are not served within 14 days of service of the claim form, or does the defendant need to wait till the expiration of the four-month window as per CPR 7.4 (2)?
  • Strike out
  • Failure to serve particulars of claim

Does CPR 7.4(2) allow the defendant to apply to strike out a claim where particulars of claim are not served within 14 days of service of the claim form, or does the defendant need to wait till the expiration of the four-month window as per CPR 7.4 (2)?

Strike out

The court has the power to strike out a statement of case, in whole or in part, under CPR 3.4(2)(c) for failure to comply with rules, practice directions or orders. If the claimant has failed to file the particulars of claim within 14 days of service of the claim form in accordance with CPR 7.4(1)(b), then this is a breach of this rule and potentially could give rise to an application for strike out. Such an application would be permitted to be made regardless of the four-month longstop provision for service under CPR 7.4(2), whose purpose is to reduce the period in CPR 7.4(1)(b) in cases where the four-month period will expire before the 14-day period

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