Q&As

Where a claim form is issued by the court two days after it was lodged with them which of the two dates should be used to calculate whether the claim has been brought within the three-year limitation period and which date is used when calculating the four-month service period?

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Published on LexisPSL on 01/11/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Where a claim form is issued by the court two days after it was lodged with them which of the two dates should be used to calculate whether the claim has been brought within the three-year limitation period and which date is used when calculating the four-month service period?

It is necessary to differentiate between the different terms used in the CPR relating to claims and limitation, namely ‘starting proceedings’, ‘issue of a claim form’ and whether a claim is ‘brought’.

Proceedings are ‘started’ on the date of issue of the claim form, being the date which is entered on the claim form itself, and all rules under the CPR relating to service of further documents are made in reference to this initial date.

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