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Issuing a claim form/serving a claim form

Issuing a claim form/serving a claim form

Postby Earl » Mon Dec 05, 2016 5:26 pm

Hi,

Getting mixed up with the terminology and timing given in the CPR direction 7.

A claim form can be issued and then not served for 4 months, but a claim form served has to have its particulars of claim served in 14 days. Can somebody explain the 4 month disparity, and the difference when a form is issued but not served. Also note if the claim form is issued, the defendant can ask for it to be served by 14 days, this I'm assuming is 14 days after the 4 months is over.

I'm confused and I'm sitting here with 2 litigation manuals, CPR rules and a guide book for Litigants in Person.
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Re: Issuing a claim form/serving a claim form

Postby Smouldering Stoat » Mon Dec 05, 2016 6:21 pm

The Claim Form is issued by the Court and then has to be served on the defendant by the claimant. He has four months to do this, but the defendant may serve notice n the claimant requiring him to serve a Claim Form which has been issued but not served.

If the Particulars of Claim are not served on the defendant with the Claim Form, they must be served within fourteen days.
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Re: Issuing a claim form/serving a claim form

Postby Earl » Mon Dec 05, 2016 6:33 pm

Hi,

How does the defendant know that the claim form has been issued?
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Re: Issuing a claim form/serving a claim form

Postby atticus » Mon Dec 05, 2016 6:48 pm

He searches at court. Or the claimant tells him.

The last point in the first post is not linked to the 4 months within which a claim form must be served after issue. A defendant who knows a claim has been issued has the right to call for it to be served within 14 days.
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Re: Issuing a claim form/serving a claim form

Postby Earl » Mon Dec 05, 2016 6:57 pm

Why would the claimant tell him.

What I was thinking, was you could have a claim form issued, sitting their like a smoking gun, until you prepared your particulars. Leaving defendant sort of in limbo for 4 months.
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Re: Issuing a claim form/serving a claim form

Postby atticus » Mon Dec 05, 2016 7:01 pm

Sometimes it is an appropriate thing to do. For example, a claimant might want to show that he means it, and is ready to go ahead if the defendant does not come to the table.

Sitting on things for 4 months can be risky. If you mess up with time limits on things like this, you get no second chance.
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