Home > Reading Room > Issuing and serving a claim

Issuing and serving a claim

Written by Michael Coyle on 12 April 2013

« Return to Reading Room

Where a Claim Form is issued with the Court the Claim Form and Particulars of Claim must be served on the Defendants within 4 months from the date of issue. 

Civil Procedure Rule (CPR) 7.5(1) states:

“Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form”.

The table is:

    
  

Method of service

  
  

Step required

  

First class post, document exchange or   other service which provides for delivery on the next business day

Posting, leaving with, delivering to or   collection by the relevant service provider

Delivery of the document to or leaving it   at the relevant place

Delivering to or leaving the document at   the relevant place

Personal service under rule 6.5

Completing the relevant step required by   rule 6.5(3)

Fax

Completing the transmission of the fax

Other electronic method

Sending the e-mail or other electronic   transmission

If a claim is not served on the claimant with 4 months or is served after the 4 month period required the Defendant can file to have the Statements of Case struck out under CPR 3.4.

CPR 3.4(2) states “The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

(c) that there has been a failure to comply with a rule, practice direction or court order.

Therefore, where an order is served after an Order could be made to strike out the Claimant’s Claim Form and Particulars of Claim on the basis that there has been a failure to comply with a rule further to CPR 3.4(2)(c) in that the claimant has not served the Defendant a claim form within 4 months after the date of the issue of the Claim Form in accordance with CPR 7.5(1).

 By Michael Coyle at Lawdit Solicitors.

 

If you'd like to know more about this article please send an email to Unknown quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

Want to speak
to someone?

Complete the form below and we’ll call you back free of charge.

Visual Captcha