THE COURT WOULD NOT STRIKE OUT A CLAIM BECAUSE OF ERRORS IN THE RESPONSE PACK: “THE OVERRIDING OBJECTIVE IS NOT FURTHERED BY PARTIES SEEKING TO TAKE ADVANTAGE OF TECHNICAL BREACHES”
Here we look at a case where a claimant made amendments to the response pack because service was going to take place abroad. The response pack then contained errors in relation to the times by which the defendant should take…
COURT REFUSES TO GRANT A DEFENDANT RELIEF FROM SANCTIONS WHEN AN ACKNOWLEDGMENT OF SERVICE WAS FILED (VERY) LATE: ALSO REJECTS “BRAVE” SUBMISSION THAT THIS WAS A “TECHNICAL” BREACH
There are dozens, possibly hundreds, of posts on this site about the application of the Denton criteria and relief from sanctions. We have another case here. A defendant applied for relief from sanctions when the acknowledgment of service was filed…
CHANGES TO RULES OF ACCEPTING SERVICE BY EMAIL: SOME VERY MODEST PROPOSALS: (AND BYE BYE TO THE FAX MACHINE)
The current consultation by the Civil Procedure Rule Committee relates to important issues of service that have featured many times in the courts, and on this site. Here we look at the issues being considered relation to the automatic agreement…
NO RELIEF FOR CLAIMANTS WHO SERVED THE CLAIM FORM LATE: TAKING A POINT AS TO SERVICE IS NOT “PLAYING TECHNICAL GAMES”
It may be possible for a month to go by without a mis-service of the claim form issue arising in the courts, but it is not this month. We have here a case with the familiar litany of waiting to…
COURT OF APPEAL CONSIDER ISSUES OF KNOWLEDGE, SERVICE OF THE CLAIM FORM AND “LAST KNOWN ADDRESS”: THINGS DO NOT GO WELL FOR THE CLAIMANT
Problems occur when a claimant fails to take appropriate steps to ensure that the defendant is in fact living at the address where a claim form has served. This was the issue considered by the Court of Appeal today. The…
A SERVICE OF THE CLAIM FORM CASE WITH A TWIST IN THE TAIL: AND WHAT A TALE THIS IS…IT LEADS TO A LOT OF WASTED COSTS (AND A POTENTIAL WASTED COSTS ORDER)
Today we are looking at a case about a failure to serve the claim form properly. The claimant did not consider whether they knew, or had served, on the defendant’s “last known residence”. As a result a default judgment, order…
CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION
Today we are looking at a case that raises important issues. The judge decided that calling someone gay is not defamatory. However here we are not concerned with the substantive issues but two procedural issues raised in the case. Firstly…
SERVICE OF THE CLAIM FORM UNDER THE ELECTRONIC PILOT: SERVICE BY EMAIL OF AN ELECTRONICALLY SEALED COPY OF THE CLAIM FORM IS GOOD SERVICE
CPR PD510 provides for the electronic issue of a claim form. The claim form will be sealed electronically. What are the consequences for service of the claim form when service takes place by email? This issue was considered (albeit on…
COURT REFUSES DEFENDANT SOLICITORS APPLICATION FOR SUMMARY JUDGMENT: THE ONGOING CONSEQUENCES OF FAILING TO SERVE A CLAIM FORM PROMPTLY
The case we are looking at today involves the consequences, for the solicitors, of failing to serve a claim form. In an earlier case extensions of time for service of a claim form were set aside. The client instructed new…
DOES AN ELECTRONICALLY ISSUED AND SUBSEQUENTLY AMENDED CLAIM FORM REQUIRED RE-SEALING AND FILING PRIOR TO SERVICE? AN IMPORTANT ISSUE CONSIDERED
If a claimant serves a “amended” claim form that has not been resealed does that amount to good service? That issue was considered in the case we are considering today. The result is of considerable practical significance. However it pays…
SERVICE OF THE CLAIM FORM: NO IMPLIED DUTY ON A CLAIMANT TO TAKE STEPS TO ENSURE THAT THE DEFENDANT IS STILL AT THE LAST KNOWN ADDRESS
I am grateful to barrister Anthony Reddiford for sending me a copy of the judgment of HHJ Truman in Aston -v- Tew & Alwyn Insurance Company Ltd [2025] EWCC 20 , a copy of which is available here. Aston -v-…
DEFENDANT’S POINT ON NON-SERVICE OF THE CLAIM FORM NOT ACCEPTED: THE CLAIMANT HAD TAKEN ALL REASONABLE STEPS
The judgment of Fordham J in Baz v General Dental Council [2025] EWHC 643 (Admin) contained an interesting issue in relation to service of the claim form. The defendant conceded that the claim form had been properly placed in the…
COURT WAS CORRECT TO REFUSE TO GRANT RELIEF FROM SANCTIONS WHO WAS IN DEFAULT (OH, AND THE PROCEEDINGS HAD NEVER BEEN SERVED PROPERLY ANYWAY…)
In Lumsden v Charles [2025] EWCC 7 HHJ Peter Marquand refused a claimant’s application for relief from sanctions. The claimant had issued Part 8 proceedings but failed to serve the witness evidence and particulars with the proceedings by the rules. …
EMAIL SERVICE ON SOLICITORS THAT HAD ACTED IN OTHER PROCEEDINGS WAS NOT GOOD SERVICE
In Kostakopoulou v University of Warwick & Ors [2025] EWHC 342 (KB) Mr Justice Bourne considered issues relating to service of the defendants by email. He held that, in the absence of express consent to accept proceedings by email in…
SERVICE OF THE CLAIM FORM: THE MEANING OF “LAST KNOWN RESIDENCE” AND “REASONABLE STEPS” TO ASCERTAIN A CURRENT RESIDENCE
The question of service of the claim form and “last known residence” has featured already on this blog this year. There is another case on the issue in the judgment of Mr Justice Bryan in Agrofirma Oniks LLC & Anor…
SERVICE ON A SOLICITOR WAS NOT GOOD SERVICE: A PARTY DOES NOT NECESSARILY ACCEPT SOLICITOR SERVICE FOR ALL PURPOSES
In Deutsche Bank AG v Sebastian Holdings Inc & Anor [2025] EWHC 283 (Comm) Mrs Justice Cockerill found that an application had not been properly served. The applicant had served the respondent on solicitors who had acted for him in…
THE COURT SETS ASIDE AN ORDER EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: ACTION AGAINST THAT DEFENDANT DISMISSED
One of the issues considered by Mrs Justice Bacon in Vauxhall Motors Ltd & Ors v Denso Automotive UK Ltd & Ors [2025] EWHC 213 (Ch) was whether an order extending time for service of the claim form should be…
AN UNUSUAL SERVICE OF THE CLAIM FORM CASE: COURT GRANTS AN EXTENSION OF TIME IN JUDICIAL REVIEW PROCEEDINGS AGAINST THE CORONER
In Whittle v HM Coroner for North West Wales [2025] EWHC 236 (Admin) the Administrative Court dealt with an issue relating to failure to serve the claim form in time. The Court found a solution. However the judgment is important…
SERVICE OF THE CLAIM FORM: THE CORRECT ADDRESS ON THE ENVELOPE AND THE “LAST KNOWN RESIDENCE” CONSIDERED BY THE HIGH COURT
In Xenfin Fund 1 Trading Ltd v GFG Ltd & Ors [2025] EWHC 172 (Ch) Joanna Wicks KC (sitting as a Deputy High Court Judge) considered two issues relating to service of the claim form. Firstly whether a slightly wrong…
AN APPLICATION – AND ORDER – FOR A STAY OF PROCEEDINGS DOES NOT LEAD TO TIME FOR SERVICE OF THE CLAIM FORM BEING EXTENDED: A POINT TO WATCH
It was possible that we could get to the end of January without a claim form case being reported. It was, however, unlikely. A failure to serve was one of the many issues considered by the Court of Appeal in…
AVOIDING THE PITFALLS IN SERVICE OF THE CLAIM FORM: WEBINAR 4th FEBRUARY 2025: CAN YOU AFFORD TO MISS IT?
Every year this blog covers numerous cases where claimants (and occasionally defendants) come to grief in relation to service of the claim form. The frustrating issue in relation to service issues is that most (if not all) of the problems…
“DICING WITH PROCEDURAL DEATH” AND SERVICE OF THE CLAIM FORM: TEN SIMPLE POINTS TO MAKE LIFE EASIER
Last year saw another – large – batch of cases relating to service of the claim form. Mistakes continue to be made and things have not changed much over the years. Below is a revised post first written ten years…
IT IS NEVER TOO LATE IN THE YEAR FOR A NEW CLAIM FORM CASE: COURT OF APPEAL OVERTURN ORDER EXTENDING TIME FOR SERVICE
In Secretary of State for Levelling Up, Housing and Communities v Rogers [2024] EWCA Civ 1554 the Court of Appeal overturned a decision that granted a claimant an extension of time for service of the claim form. The case is…
ITS NOT TOO LATE IN THE YEAR FOR “CLAIM FORM” CASES: JUDGE ALLOWS APPEAL AND GRANTS CLAIMANT EXTENSION OF TIME TO SERVE THE PARTICULARS OF CLAIM: CPR 3.9 & DENTON DID NOT APPLY
I am grateful to solicitor Chris Topping of Broudie Jackson Canter for sending me a copy of the judgment of HHJ Bird in Brown -v- the Chief Constable of Greater Manchester Police (5th December 2024). The judge allowed an appeal against the…
FAILING TO SERVE A SEALED CLAIM FORM; FAILING TO SIGN THE STATEMENT OF TRUTH; VERY LATE APPLICATION FOR RELIEF
In Randall, R (On the Application Of) v [2024] EWHC 2924 (Admin) Mrs Justice Lang held that the court had no jurisdiction to hear a judicial review application because a sealed claim form had never been served. Further the claimant…
SERVICE AND CLAIM FORM ISSUES IN 2024: WEBINAR 19th NOVEMBER 2024
I have had enough cases for a webinar on service of the claim form since about February this year. Claim form issues have been a major part of the blog throughout 2024 (and there may be more to come…). This…
ANOTHER LATE CLAIM FORM CASE: COURT HAD NO POWER TO EXTEND TIME: IF IT DID THEN THE CLAIMANT’S APPLICATION WOULD HAVE BEEN REFUSED IN ANY EVENT
The case of Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin) (Tim Smith, sitting as a High Court Judge) is far from being the first case about service of…
NOT A LATE CLAIM FORM CASE TODAY, BUT LATE PARTICULARS OF CLAIM LEAD TO THE ACTION BEING STRUCK OUT
As a change to the almost never ending issues relating to late service of the claim form we have a case about late service of the Particulars of Claim. In Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) Deputy Master…
SERVICE OF THE CLAIM FORM ON A NOMINATED SOLICITOR: SOME IMPORTANT POINTS
In the recent case of Keilaus -v- Houghton [2024] EWHC 2108 the claimant’s action failed because their solicitor failed to notice that the defendant’s solicitor had stated that they would accept service. The court had little, if any, sympathy for the…
TO ALL THOSE WHO THINK THERE MAY BE TOO MANY CASES ABOUT SERVICE OF THE CLAIM FORM ON THIS BLOG: YOU MAY BE RIGHT BUT HERE’S ANOTHER ONE…
In ETM Contractors Ltd, R (On the Application Of) v Bristol City Council [2024] EWHC 2263 (Admin) refused the claimant’s applications for relief following late issue and lateservice of the claim form. The judgment contains a detailed exposition of why…
SERVICE OF THE CLAIM FORM ISSUES: CLAIMANT FAILS TO COMPLY WITH MANDATORY REQUIREMENTS: HIGH COURT UPHOLDS THE EXTENSIONS OF TIME
The judgment of Mrs Justice Hill in Graham v Fidelidade – Companhia De Seguros SA [2024] EWHC 2010 (KB) contains some salutary lessons for litigators. In particular the importance of complying the the rules for applying for extensions of time…
ANOTHER FAILED SERVICE OF CLAIM FORM CASE: FAILURE TO SERVE PROPERLY ON A PARTNERSHIP MEANS THE ACTION COMES TO GRIEF
In Goodfellow v Warren Boyes & Archer (A Firm) [2024] EWHC 2015 (KB)Master Thornett rejected an argument that a former partner in a solicitors’ practice had been validly served when proceedings were sent to the company that had purchased that…
COURT REFUSES TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: CLAIMANTS COME TO GRIEF
In Playfair & Ors v Pannells LLP & Ors [2024] EWHC 1933 (Ch) Master Brightwell refused the claimants’ application for an extension of time for service of the claim form. The application was made before the time of expiry for…
A DEFENDANT IS ENTITLED TO SEEK TO AVOID SERVICE OF PROCEEDINGS: IT WON’T WIN YOU ANY HONOURS BUT IT IS NOT WRONG…
In Broom v Aguilar [2024] EWHC 1961 (Ch) HHJ Paul Matthews rejected an argument that a different costs order should be made because the defendant did not co-operate in relation to service of proceedings upon her. Seeking to avoid service…
COSTS AFTER A CLAIMANT FAILS ON CLAIM FORM POINTS: SUCCESSFUL DEFENDANTS GET (MOST) OF THEIR COSTS
In Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) Mr Justice Constable considered issues of costs after the claimants had failed on appeal on late service/extensions of time claim form issues. “Doing justice between the…
SERVICE OF THE CLAIM FORM: SETTING JUDGMENT ASIDE; JURISDICTION; DELAY AND DENTON – QUITE A LOT IN ONE CASE
There are a lot of issues in the judgment of Master Sullivan in Tradin Organic Agriculture BV v Gold Grain Gida Tarim Urunleri Sanayi Ve Ticaret Anonim Sirketi [2024] EWHC 1562 (KB). Firstly whether the mixing up of pages in…
THE CLAIMANT HAD NOT SERVED THE CLAIM FORM PROPERLY: ORDER FOR SERVICE BY ALTERNATIVE MEANS WAS NOT EFFECTIVE WHEN THE DEFENDANT WAS RESIDENT ABROAD
In Broom v Aguilar [2024] EWHC 1764 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) decided that a claim form had not been properly served when it was served at a time that the defendant was living abroad….
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 5: SERVING THE PARTICULARS OF CLAIM LATE
This is the fifth time we have looked at the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB). This time we look at another “trap for the unwary” – the Particulars of Claim were…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 4: NOW IT IS THE DEFENDANTS THAT HAVE MADE MISTAKES: AN IMPROPERLY SERVED CLAIM FORM IS NOT A NULLITY
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 We are continuing with the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024]…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 3: AN ATTEMPT TO OBTAIN “RELIEF FROM SANCTIONS” IS FUTILE
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 This is the third time (and not the last time) we are looking at the judgment of Occupiers of…
SERVICE OF THE CLAIM FORM ERRORS AND PROBLEMS 2: HAVE YOU AGREED AN EXTENSION OF TIME? NO YOU HAVEN’T
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 We are returning to the judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes…
SERVICE OF THE CLAIM FORM: ERRORS AND PROBLEMS 1: LEAVING SERVICE UNTIL THE LAST MINUTE AND THEN NOT SERVING PROPERLY (BY FAX OR DX)
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 The judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor…
SERVICE OF THE CLAIM FORM ISSUES ONE: WHEN CAN YOU (AND WHEN MUST YOU) SERVE ON A NOMINATED SOLICITOR?
There has not been a case on (mis)service of the claim form on this blog for 14 days now. It may be an appropriate time to go back to one of the problem areas – service on a solicitor. There…
A CLAIM FORM WAS NEVER SERVED PROPERLY AND THE ACTION WAS STRUCK OUT: A TRULY EXTRAORDINARY CASE OF FAILED SERVICE ON A FOREIGN DEFENDANT
I am grateful to barrister Feliks Kwiatkowski for sending me a copy of the judgment today of District Judge Lumb in Perisi -v- Secret Surgery Ltd & Dr Ahmed Eslaftawy, a copy of that judgment is available here Perisi v…
WHEN IS IT SENSIBLE TO APPLY TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM? NEVER – JUST NEVER: A CASE TO POINT
Yesterday, in a lecture I was giving about issues relating to service of the claim form, I was asked to address the issue of “when is it sensible to apply for an extension of time for service of the claim…
DEFENDANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: AN APPLICATION TO DISPUTE JURISDICTION SHOULD BE DONE PROMPTLY
In Ibrahim v AXA Belgium [2024] EWHC 856 (KB) Master Fontaine refused the defendant’s application for an extension of time to dispute the jurisdiction. The defendant should have applied within 14 days of acknowledging service, it took 30. The defendant’s…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
SERVICE OF THE CLAIM FORM AND SUBMISSIONS TO THE JURISDICTION: SOMETHING ABOUT RELIEF FROM SANCTIONS TOO
In Moonbug Entertainment Ltd v CCM Touring LLC & Anor [2024] EWHC 793 (Comm) Mr Justice Andrew Baker found that the defendants had submitted to the jurisdiction by their conduct. Further the defendants required relief from sanctions. The judge held…
SERVICE OF THE CLAIM FORM: GOOD NEWS FOR THE CLAIMANT (FOR A CHANGE)
NB – THIS DECISION WAS OVERTURNED ON APPEAL – SEE Secretary of State for Levelling Up, Housing and Communities v Rogers [2024] EWCA Civ 1554 In Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor [2023]…
DISPUTING SERVICE OF THE CLAIM FORM: DEFENDANT FAILED TO USE CORRECT RULE, BUT CPR 3.10 APPLIED
A defendant that wants to dispute jurisdiction should normally apply under CPR Part 11. In The Tintometer Ltd & Anor v Pitmans (a firm) & Anor [2024] EWHC 370 (Ch) Mrs Justice Bacon considered the situation where a defendant had…
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