Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Claim on the Crown incorrectly served

Judicial review, activities of government, local and national etc.

Re: Claim on the Crown incorrectly served

Postby atticus » Tue Oct 10, 2017 11:09 am

Which is the address for service?
User avatar
atticus
 
Posts: 19540
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Claim on the Crown incorrectly served

Postby south1 » Tue Oct 10, 2017 2:19 pm

According to CPR 6.10 it should be

Government Legal Department
One Kemble Street
London
WC2B 4TS


However it is not the address for service which is asked in the bottom of the first page of the claim form N1 because it is made reference to the name of the defendant and to this of its representative. All this is confusing and I am wondering if this is not a defect in the legal system and that a special claim form should be necessary for claims against the Crown
south1
 
Posts: 899
Joined: Sun Jan 13, 2013 6:44 pm

Re: Claim on the Crown incorrectly served

Postby 3.14 » Tue Oct 10, 2017 2:24 pm

What people tend to do when there is some doubt is to serve them n both places.
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2121
Joined: Thu Nov 01, 2012 2:58 pm

Re: Claim on the Crown incorrectly served

Postby south1 » Tue Oct 10, 2017 2:30 pm

As I explained in my previous posts according to what is stated in the claim form and in the Notice of Issue there could not be any doubt in the mind of the claimant that he has to serve the claim form on the defendant as usually we do
south1
 
Posts: 899
Joined: Sun Jan 13, 2013 6:44 pm

Re: Claim on the Crown incorrectly served

Postby south1 » Wed Oct 11, 2017 9:38 am

The Defendant’s representative refuses again to accept service of my cla. So now I have no choice but to make an application either under CPR 1 the overriding objective of doing justice which is to save time and money for an order from the court considering that the claim form was served on the defendant's representative has nevertheless received it and he makes reference to its contents in his last email. Or in the alternative for an order under CPR 6.10 to get permission to serve again my claim form this time on the defendant's representative after the four months deadline
south1
 
Posts: 899
Joined: Sun Jan 13, 2013 6:44 pm

Re: Claim on the Crown incorrectly served

Postby 3.14 » Wed Oct 11, 2017 12:07 pm

What do you mean, 'refuses to accept service?' I serve, I go. There is no refusal, ever. There might be evasion but you cannot refuse if you are in front of him. Also if it's an address how can an address refuse?
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2121
Joined: Thu Nov 01, 2012 2:58 pm

Re: Claim on the Crown incorrectly served

Postby south1 » Wed Oct 11, 2017 1:25 pm

The representative defendant told me that the service of my claim is defective because he has received it from the defendants and not directly from me contrary to CPR 6.10 and as a consequence he does not reply to it and I want to proceed with my claim I have to serve my claim form again and this time directly on the defendant's representative and not on the defendant

I served my claim formicon within the four months deadline but I served it on the defendant instead of serving it on its representative because CPR 6.10 says that for claims against the Crown we have to serve the claim form on the defendant's representative. This is a stupid technicality it is judicial bureaucracy which wastes time and money because the defendant's representative has received my claim form as evidenced by his last email and could respond to it if he wishes. As a consequence if now I have to serve again my claim form this time on the defendant's representative I will be now outside the four months deadline.

I had to go through the several steps of the MOJ's complaint procedure and this has taken a long time. Moreover I had also other commitments. I made my first claim within the six years deadline but if I have to make another claim this time it will be slightly outside the six years limitation period
south1
 
Posts: 899
Joined: Sun Jan 13, 2013 6:44 pm

Previous

Return to Administrative Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron