“…  it is appropriate to confirm the correctness of the judge's approach to this issue. If a claim form has not been served in time, as the judge said, the only remedy for a claimant is to seek an extension of time pursuant to r.7.6. The relief from sanctions regime under r.3.9 and r.3.10 is irrelevant…” 
(The Court of Appeal in Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347)

This year has seen a large number of claimants (and their solicitors) come to grief over the basic issue of proper  and timely service of the claim form.  

This webinar examines these cases with the primary aim of ensuring that you are not involved in any such cases next year. 

• 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