- Court of Appeal—litigants in person and service of the claim form (Barton v Wright Hassall)
- Practical implications
- What principles can be derived from the authorities?
- Should a claimant be excused from compliance with the rules for service when a litigant in person?
- Acting for the claimant who was originally a litigant in person
- Acting for the defendant
- Court details
Dispute Resolution analysis: The Court of Appeal has dismissed an appeal by a litigant in person to accept that steps taken to serve the claim form by email should be accepted as good service under CPR 6.15(2). With an increase in the number of litigants in person there are two key considerations in this case—(1) generally a litigant in person will be required to comply with the relevant CPR provisions unless the rule is difficult to find within the CPR itself (it was considered easy enough to find the freely available CPR on the internet) or it is ambiguous to a non-lawyer, and (2) the defendant solicitors had advised the claimant of the need to serve the claim form and particulars and had also highlighted that an extension of time for such service would not be granted. This case involved statute limitation issues.
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