Where a Claim Form is issued with the Court the Claim Form and Particulars of Claim must be served on the Defendants within 4 months from the date of issue.
Civil Procedure Rule (CPR) 7.5(1) states:
“Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form”.
The table is:
|
Method of service
|
Step required
|
|
First class post, document exchange or other service which provides for delivery on the next business day |
Posting, leaving with, delivering to or collection by the relevant service provider |
|
Delivery of the document to or leaving it at the relevant place |
Delivering to or leaving the document at the relevant place |
|
Personal service under rule 6.5 |
Completing the relevant step required by rule 6.5(3) |
|
Fax |
Completing the transmission of the fax |
|
Other electronic method |
Sending the e-mail or other electronic transmission |
If a claim is not served on the claimant with 4 months or is served after the 4 month period required the Defendant can file to have the Statements of Case struck out under CPR 3.4.
CPR 3.4(2) states “The court may strike out a statement of case if it appears to the court –
(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.
Therefore, where an order is served after an Order could be made to strike out the Claimant’s Claim Form and Particulars of Claim on the basis that there has been a failure to comply with a rule further to CPR 3.4(2)(c) in that the claimant has not served the Defendant a claim form within 4 months after the date of the issue of the Claim Form in accordance with CPR 7.5(1).
By Michael Coyle at Lawdit Solicitors.
