Drafting note for application notice seeking an order declaring that the service of the claim form without the permission of the court was ineffective [Archived]

Copyright © 2025 LexisNexis
Produced in partnership with Nicholas Pointon of St John's Chambers
Precedents

Drafting note for application notice seeking an order declaring that the service of the claim form without the permission of the court was ineffective [Archived]

Copyright © 2025 LexisNexis

Produced in partnership with Nicholas Pointon of St John's Chambers

Precedents
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ARCHIVED: This Drafting Note has been archived and is not maintained.

STOP PRESS: Form N244 was updated on 30 June 2022 and we are in the process of updating our forms accordingly. The official version of the updated form can be found here.

There are a limited number of circumstances in which the claimant does not require permission to serve the claim form outside England and Wales. To check whether the claimant required permission, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales?

Related Precedents

Related Precedents:

  1. •

    Witness statement in support of an application for an order declaring that the service of the Claim Form without the permission of the Court was ineffective

  2. •

    Draft order declaring that the service of the claim form without the permission of the court was ineffective

General points

The application should be made using Application notice: Form N244.

Application notice (Form N244)

In the Commercial

Nicholas Pointon
Nicholas Pointon

St John's Chambers

Nick is a specialist commercial and chancery law barrister. His particular areas of expertise include commercial and contractual disputes, private international law, domestic and international arbitration. He has been consistently listed in Chambers UK for commercial dispute resolution since 2015 and regularly acts in cross border or offshore litigation, as well as wholly domestic matters. Commentators say –

“He’s simply exceptional on paper and dominating in the courtroom.” (Chambers UK, 2018)

“He’s a class act who is really good at the detail – he just oozes ability” (Chambers UK, 2017)


Since 2012 Nick has been a Senior Associate Tutor of Law at the University of Bristol, and has taught in the fields of contract, land, trusts and international arbitration, to undergraduate and postgraduate students.

Nick is also an accredited mediator and is happy to accept appointments as mediator in suitable cases.

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Jurisdiction(s):
United Kingdom
Key definition:
Notice definition
What does Notice mean?

In a contractual context, a notice may be to terminate the agreement, or may be the notice required to do a certain thing under the contract. Notices usually must comply with certain formalities set out in the contract, and certain time limits.

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