2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (2): SERVICE OF THE CLAIM FORM (AND ALLIED ISSUES)

The one “certainty” about writing about civil procedure is that every year there will be a few (often more than few)cases about service of the claim form.  This is always a fruitful source of difficulty for claimants.  The causes of difficulty are usually: leaving service until the last minute; not knowing the address for service; not knowing the rules.  Here are the cases and posts on service this year.

NOVEMBER

SERVICE OF THE PARTICULARS OF CLAIM AND THE “TRAP FOR THE UNWARY CLAIMANT”: THE TRAP OPERATED AND RELIEF FROM SANCTIONS NOT GRANTED

“The requirement in CPR 7.4(2) that particulars of claim must be served no later than the latest time for service of the claim form has been described as a trap for the unwary claimant, and in one sense it is. However, it is a provision of the CPR of which the claimants’ advisers are expected to be wary. The point has been made many times a legal adviser who leaves service of the claim form until the end of the period for service courts disaster.”

 

OCTOBER

CIVIL PROCEDURE BACK TO BASICS 65: THAT NIGHTMARE SCENARIO WHERE THE COURT HAS ISSUED THE CLAIM FORM BUT YOU CAN’T SERVE IT

“IF COURT PROCEEDINGS ARE SERVED ON A SOLICITOR WITHOUT AUTHORITY – IS THAT GOOD SERVICE?”: A QUESTION WITH AN EASY ANSWER

SEPTEMBER 

SETTING ASIDE JUDGMENT IN DEFAULT: DEFENDANT’S SOLICITOR FAILED TO NOTICE THAT PARTICULARS OF CLAIM HAD BEEN SERVED WITH THE CLAIM FORM

“… there was no good reason for taking the view that there were no particulars of claim that had been served. The defendant clearly had the particulars of claim… there is no reasonable excuse for the solicitors failing to open the attachment and seeing that it contained the particulars of claimMoreoverthe claim form expressly stated “Particulars of claim attached”

SERVICE OF CLAIM FORM BY WHATSAPP: A CASE IN POINT: SERVICE BY SOCIAL MEDIA AND EMAIL

SERVICE OF THE CLAIM FORM: FAILURE TO SERVE ANY DEFENDANTS WHEN APPLYING FOR AN INJUNCTION: THE GOOSE IS NOT PROPERLY COOKED

“The suggestion that defendants within “persons unknown” as the First Defendants were ‘added’ each time a copy of the injunction order was served on them is not correct. Only service of a Claim Form (by a permitted method) or an order dispensing with the requirement to serve the Claim Form can make someone a defendant to a civil claim.”

SERVICE OF THE CLAIM FORM ISSUES, ANONYMITY, EXPEDITED TRIALS AND … SPEARMINT RHINO

AUGUST

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 7: SERVICE OF THE CLAIM FORM (1) – TIME (SIT UP AND PAY ATTENTION NOW NON-PI LAWYERS)

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 8: SERVICE OF THE CLAIM FORM (2) – SERVICE ON SOLICITORS (OR NOT)

JUNE

EXTENSION OF TIME FOR SERVICE SET ASIDE: THE DANGERS OF SEEKING TO EXTEND THE LIFE OF A CLAIM FORM ON A WITHOUT NOTICE BASIS – EXEMPLIFIED

… no practitioner should now be unaware of the dangers of seeking to extend the life of a claim form on a without notice basis in circumstances where a limitation period is fast approaching.”

 

CLAIMANT LAWYERS: YOU MUST KNOW THE RULES RELATING TO SERVICE OF THE CLAIM FORM: YOU CAN’T EXPECT THE DEFENDANT TO HELP YOU OUT

APRIL

SERVICE, THE CLAIM FORM AND DENTON: THE COURT WOULD NOT TAKE THE HUMP WHEN DOCUMENTS WERE NOT SERVED: NEITHER SERIOUS OR SIGNIFICANT

SERVICE OF THE CLAIM FORM: DANGERS OF SERVING AT THE LAST KNOWN ADDRESS (2019)

ANOTHER CLAIM FORM CASE: SERVICE AT “LAST KNOWN ADDRESS” FAILS: SERVICE BASED ON COMPANIES ACT SUCCEEDS

MARCH 

“LAST KNOWN ADDRESS” : CLAIMANT HAD TAKEN REASONABLE STEPS : EXTENSION OF TIME TO SERVE CLAIM FORM UPHELD

“this was an appropriate case in which to grant an extension of time. The Claimant did not wait until the eleventh hour before attempting to serve the Claim Form. Reasonable steps were taken to ascertain the First Defendant’s address. It was reasonable for the Claimant to believe that he continued to reside at the last known address until the Claim Form was returned. No prejudice has been suffered by the Third Defendant and it was able to serve its defence.”

 

FEBRUARY

SERVICE OF CLAIM FORM BY EMAIL ALLOWED: THE SAFEGUARDS TO RESPONDENTS TO WITHOUT NOTICE APPLICATIONS.

JANUARY

CLAIM FORM CASE IN THE COURT OF APPEAL: SERVICE OF CLAIM FORM BY UNAUTHORISED BODY DOES NOT RENDER SERVICE VOID (ALTHOUGH IT IS STILL NAUGHTY)

“To set aside the service would be to confer an uncovenanted advantage on the defendant in circumstances of (in the present case) adventitious technicality.”

ORDER GRANTING TIME TO EXTEND SERVICE SET ASIDE: THE DEEMED DATE FOR SERVICE OF THE CLAIM FORM: A BLAST FROM THE PAST: STILL APPLIES TO SERVICE ABROAD