Issues with service

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The rules for service are set out in CPR 6, CPR PD 6A (Service within the UK) and CPR PD 6B (Service out of the jurisdiction).

This Overview identifies different types of applications which may be used when serving documents in England and Wales or in another jurisdiction. Specific requirements may apply when serving out of the jurisdiction, especially in relation to whether court permission is required and the time limits for serving the claim form outside England and Wales. For guidance, see: Cross-border service and issues with service—overview and Practice Note: Service of the claim form—time periods for service.

Service collection

The collection is a comprehensive, interactive resource designed to assist in identifying and navigating through to relevant content throughout the Lexis+® UK Dispute Resolution module. The collection enables you to view core content, ie Practice Notes, Checklists, Flowcharts. To help you navigate to the materials most relevant for the part of the service process you are interested in, the collection is divided into a series of tabs called 'phases' and 'sub-phases'. see: Serving the claim form collection.

Difficulties with service

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Important principles for quantification of accidents under foreign law (DHV v Motor Insurer’s Bureau)

PI & Clinical Negligence analysis: This claim concerns the computation of damages in a claim relating to a foreign accident, specifically in Spanish law. Spanish law operates a somewhat harsh system of compensation which imposes a system of fixed tariff damages for injuries of a particular extent or kind. The court was faced with an interesting, but unsuccessful, argument that a recital of the Rome II Regulation undermined those strict regulations. This case is of interest to those practicing in areas relating to foreign law accidents, and includes issues relating to jurisdiction, contributory negligence, quantification of damages in foreign law, and punitive interest. Written by Robert Parkin, a barrister at Deka Chambers.

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When does a struck-out claimant lose QOCS protection? (Read v North Middlesex University Hospital NHS Trust)

PI & Clinical Negligence analysis: This case involved a claim in clinical negligence by a patient of an NHS Trust. The claimant’s claim was struck out. While the judgment provides a useful reminder of the requirements of a clinical negligence statement of case and of the risk of strike out if a party does not adequately plead their claim, the case is notable for its decision as to Qualified One-Way Costs Shifting (QOCS). Although the claimant’s claim was struck out for breach of an Unless Order, the court determined that QOCS protection should be disapplied. The decision provides guidance as to the circumstances in which a claimant will lose QOCS protection following strike out of their claim, how CPR 44.15 should be interpreted and the difference between the procedural method of strike out and the grounds or reasons for strike out. Written by Richard Bantin, senior associate at Capsticks LLP.

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