LITIGATORS: SLEEP LIKE A BABY NEXT YEAR BY NOT REPEATING ALL THE CLAIM FORM MISTAKES PEOPLE HAVE MADE THIS YEAR: WEBINAR 5th NOVEMBER 2025

Needless to say there have been plenty of cases this year relating to service (or mis-service) of the claim form.  This webinar looks at cases over the past 12 months with the primary aim of ensuring that you are not involved in any such cases next year.   It may help you, and your indemnity insurers, sleep more soundly next year. 

(This is what we are aiming for…)

“There is nothing unjust in a system which says that, if you leave issuing proceedings to the last moment and then do not comply with this particular time requirement and do not satisfy the conditions in r 7.6(3), your claim is lost and a new claim will be statute barred.“ May LJ in Vinos v Marks & Spencer [2001] 3 All ER 784 at [20] that: (That judgment was nearly a quarter of a century ago, yet  problems relating to service have been constant and consistent issues for the courts ever since).

BOOKING DETAILS

Booking details are available here.

Discount for Civil Litigation Brief members

There are discounts for members of this site. Details can be found here.

TOPICS TO BE COVERED: CLAIM FORM CASES IN 2025

• Service by DX
  • Is it effective and timely service if the claim form is left for the DX to collect from the claimant’s solicitors offices
• When can a claimant change their mind?
  • Can a claimant who has made an offer, then changed their mind, withdraw the offer if it is still within the “relevant period”?
• Will the court set aside service of the claim form if the defendant has not made an application under CPR Part 11?
  • Looking at two Court of Appeal decisions on this topic, all of which are bad news for claimants
• Can a claimant get relief if the Court has made a mistake as well? Or does the buck stop with the solicitor?
• Is service on a defendant’s “last known address” good service? (A case in favour and a case against the claimant)
• Is it possible to obtain an order for retrospective service of the claim form?
• The dangers of applying to extend time for service When the court sets aside orders for extension of the claim form
• A defendant is not playing “technical games” when taking a point over service of the claim form
• When has a claimant taken “all reasonable” steps to effect service?
• Is QOCS disapplied if a claim fails because the claim form was not served?
• Does an application for a stay extend time for service of the claim form? If it doesn’t what are the consequences
• What rules apply when the Particulars of Claim are served late?
• What happens if the claim form is not sealed

CLAIM FORM CHECKLIST

The webinar concludes with a checklist of essential steps that claimants must take to ensure that they do not fall foul of claim form problems going forward.