SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST

Here we have a case where the claimant simply failed to serve a sealed claim form in time.  Despite being warned of this by the defendant the claimant insisted that service of an unsealed claim form was sufficient.  The claimant then attempted an argument that the defendant could not take the point ...