Q&As

If a claim form and particulars of claim are appended to a bundle of documents used in support of an unrelated application, would that amount to valid service of the claim form and particulars?

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Published on LexisPSL on 28/01/2021

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

  • If a claim form and particulars of claim are appended to a bundle of documents used in support of an unrelated application, would that amount to valid service of the claim form and particulars?

If a claim form and particulars of claim are appended to a bundle of documents used in support of an unrelated application, would that amount to valid service of the claim form and particulars?

We have assumed that the claim form is to be served in the jurisdiction ie England and Wales and that the defendant has solicitors acting for them.

Proceedings commence when the court issues a claim form at the request of the claimant. That claim form must then be served on the defendant(s) within a set period of time. Failure to do so renders the claim form invalid and proceedings cannot be pursued.

When serving a claim form, it is crucial to make sure that the specific rules for service of the claim form, set out in CPR 6, are complied with. A failure to do so will mean that the purported service will be invalid and the claimant cannot proceed with the claim. The rationale for the service rules is the importance of the claim form in ensuring that the defendant is aware that proceedings have been commenced against them and that they are required to respond. However, the defendant’s awareness of the claim form by other means does not obviate the requirement to comply with the service rules in CPR 6. The application of this principle can be seen in Capital Alternatives

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