Q&As

Is it possible to file a claim form and particulars of claim, but file enclosures (which are referred to in the particulars) at a later date?

read titleRead full title
Published on LexisPSL on 04/07/2019

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

  • Is it possible to file a claim form and particulars of claim, but file enclosures (which are referred to in the particulars) at a later date?
  • Requirement to serve a claim form and particulars of claim
  • Requirements in the particulars of claim
  • Requirement to provide documents referred to in the particulars of claim

Is it possible to file a claim form and particulars of claim, but file enclosures (which are referred to in the particulars) at a later date?

Requirement to serve a claim form and particulars of claim

Both the claim form and the particulars of claim must be served in accordance with the provisions in CPR 7 and CPR 6.

If practicable, the particulars of claim should be set out in the claim form (CPR PD 16.3(1)). However, the particulars of claim can be attached to the claim form as a separate document (CPR 7.4(1)). In this case note that:

  1. the particulars of claim must either be served with the claim form, or within 14 days after service of the claim form (CPR 7.4(1)(b))

  2. the particulars of claim must be served no later than the latest date for service of the claim form (CPR 7.4). The latest time for service of the claim form is within four months of issue of the claim form (CPR 7.5(1))

  3. the claim form must state that the particulars of claim will follow (CPR 16.2(2))

For guidance, see Practice Note: Timetable for statements of case.

Requirements in the particulars of claim

The particulars of claim are required to mark out the parameters of the case being advanced by the claimant. The claimant must therefore identify the relevant issues and the extent of the dispute between the

Related documents:

Popular documents