Table of contents
- Practical implications
- Facts
- Was service of the claim form effective?
- Extension of time for service of the particulars
- Court details
Article summary
DR analysis: The Court of Appeal has held that where the court erroneously serves a claim, contrary to the instructions of the claimant (who would want to serve the claim itself), service may still be effective. Such an error can be considered an ‘error of procedure’ under CPR 3.10 and accordingly does not necessarily invalidate the proceedings. It is certainly not automatically a nullity, as often the claim can just continue with little disruption or side effects. If the claimant is prejudiced in some way, it can be addressed by an appropriate extension. For example, in this case, the time for serving the particulars was extended.
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