Q&As

What is the latest case law on the court's position to particulars of claim being served late (when no application for relief has been made)?

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Published on LexisPSL on 21/06/2017

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

  • What is the latest case law on the court's position to particulars of claim being served late (when no application for relief has been made)?
  • Time for service of the particulars of claim
  • The court’s position on late service of the particulars of claim

What is the latest case law on the court's position to particulars of claim being served late (when no application for relief has been made)?

Time for service of the particulars of claim

If particulars of claim are being served separately to a claim form, the claim form must state that the particulars of claim are to follow. The particulars of claim must then be served within 14 days of service of the claim form. However, it is important to be aware that where the particulars of claim are served separately, they still have to be served within the time period provided in CPR 7.6 for service of the claim form. For more details, and timetables for statements of case in other situations, see Practice Note: Timetable for statements of case.

The court’s position on late service of the particulars of claim

There are no special provisions for extending the time for service of the particulars of claim, unlike the claim form where the provisions in CPR 7.6 apply. The starting point is therefore the courts’ general powers under CPR 3.1(2)(a). This is on the basis that the Court of Appeal in Berney v Saul (t/a Thomas Saul & Co)

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