In United Utilities Group PLC -v- Hart (HH Judge Wood, Liverpool County Court, 24th September 2015*) a claimant was granted a "reprieve" after having served a photocopy of the claim form by mistake. However this is another one of those cases where the parties did not address the possible significan...
Exactly – as I was reading this post I was thinking about the use of red stamping ink. Modern copying technology is so good, it can be hard to tell originals from copies.
Interesting comments about Part 11 and I am sure you are right that, at some point in the future, there will be scope for arguing the extent to which Part 11 applies, in a court which can make an authoritative decision.
I am not sure, however, that parties are necessarily ignoring the effect of Hoddinott…
CPR 11
(2) A defendant who wishes to make such an application [to dispute jurisdiction] must first file an acknowledgment of service in accordance with Part 10.
CPR 10.3
(1) The general rule is that the period for filing an acknowledgment of service is –
(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and
(b) in any other case, 14 days after service of the claim form.
It is arguable, therefore, that in a case of non-service of the claim form (which is what the reported case was and many other cases are), that CPR 10.3 is not engaged and by extension, CPR 11(2) is not engaged either.