The past year has seen another tranche of cases relating to service of the claim form. For the most part it is claimants who have come to grief due to failures to comply with the rules.

This webinar looks at those decisions about the service of the claim form since October 2022.  There are a large number of cases where claimants have fallen foul of the rules and failed to serve properly, usually with dire consequences. It also highlights those cases where claimants have been unsuccessful.  It looks at the practical consequences of the decisions and the steps that lawyers can take to avoid being involved in claim form issues.

Topics and cases covered.

Failing to serve at the right place

• Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) - Had solicitors stated that they would accept service of proceedings?
• Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm) - Service at last known address, had claimant used reasonable diligence?
• London Fluid System Technologies Ltd & Ors, R (On the Application Of) v HM Revenue and Customs [2023] - Claimants granted order under CPR 6.15 because of ambiguity in defendant’s communications
• Telford And Wrekin Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2439 (Admin) -  Period for service ran from date of decision, no extension when proceedings served late

Failing to serve in time

• Waldie -v- Manchester Airport (21st April 2022) - Failing to serve in time, CPR 3.9 was not the correct test
• Halton Borough Council v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 293 (Admin) - Failing to serve in time, application for extension refused.
• Walton -v- Pickerings Solicitors and F Brophy [2023] EWCA Civ 602 - Claimant successful in argument about serving in time.

No seal, no joy!

Pitalia & Anor v NHS England [2023] EWCA Civ 657 - Failure to serve a sealed claim form

Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 - Sealed claim form must be served in response to a specific court order

Costs

Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) - Defendant could not recover costs of an application in relation to claim form, it should have known the claim form was not properly served.

P.S. If you can’t make it to the live webinar, all registrants will receive a recording of the event.

So sign up and join us, you have nothing to lose!