FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION

We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or comply fully with the Pre-Action Protocol, was not an abuse of process.  Conse...