When the claim form is valid for service (CPR 7.5)
When the claim form is valid for service (CPR 7.5)

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

  • When the claim form is valid for service (CPR 7.5)
  • What is the validity period?
  • Effect of a stay of proceedings
  • CPR time limits—service where the defendant is in the jurisdiction (CPR 7.5(1))
  • CPR time limits—service where a defendant is outside the jurisdiction
  • Statutory time limits
  • Failure to serve the claim form in time—claimant
  • Failure to serve the claim form in time—defendant

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering service. For guidance, see Cross border considerations—checklist—Service—Brexit specific.

This Practice Note considers the question when do I need to serve the claim form?. The time limits for serving the claim form differ depending in whether the claim form is served inside or outside the jurisdiction. A claim form will only be valid for service if served within the relevant time frame. This is four months from the date of issue when serving in the jurisdiction and six months from the date of issue when serving outside the jurisdiction. The Practice Note provides a number of different scenarios when seeking to serve the claim form on time and also discusses the impact of expiry of the limitation period during the validity period.

It is important to note that while the particulars of claim do not need to be served with the claim form, they must be served within the validity period for the claim form. The rationale for this is that the defendant is entitled to know by the expiry of the period for service of the claim form the full extent of the claim that is being pursued against them.

What is the validity period?

A claim form is valid from