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An Issued claim without a "Particulars of Claim" ever served

An Issued claim without a "Particulars of Claim" ever served

Postby notguilty » Tue Mar 27, 2018 2:21 pm

If a claim was issued without any 'Particulars of Claim' attached and no 'Particulars of Claim' were forthcoming, then the claim is struck out because no 'Particulars of Claim' were ever served, does that prevent a new claim being reissued at a later stage? (Presuming no time limits on making a claim have been breached etc)

I realise the issuer would likely have to pay costs in the first claim, but would the first un-particularised claim prejudice the filing of a new one fully particularised?

I guess what I am asking is can they defend that a previous claim had been brought based on just the "Brief details of Claim" in the first claim, even though it was never particularised?
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Re: An Issued claim without a "Particulars of Claim" ever se

Postby atticus » Tue Mar 27, 2018 2:52 pm

The court may* strike out a second claim under CPR Part 3, on the basis that the claimant has had his chance.

*The word used is "may", not "must" or "will".

See also CPR3.4(4).
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Re: An Issued claim without a "Particulars of Claim" ever se

Postby dls » Wed Mar 28, 2018 10:28 am

How will they know it is the same claim if particulars have not been served?
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Re: An Issued claim without a "Particulars of Claim" ever se

Postby atticus » Wed Mar 28, 2018 11:29 am

There may have been sufficient description in the part of the Claim Form that requires a brief description of what the claim is about.
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Re: An Issued claim without a "Particulars of Claim" ever se

Postby dls » Fri Mar 30, 2018 5:16 am

It seems at best unfortunate to complain both that a party has not delivered sufficient particulars for te defendant to know what case has has to defend, and that the case has been sufficiently detailed to know that a second clai is the same one.
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Re: An Issued claim without a "Particulars of Claim" ever se

Postby atticus » Fri Mar 30, 2018 7:19 am

A significant part of the Overriding Objective in the CPR relates to fair use of court time and related resources. Courts are increasingly takiing a tough line of this.

The state provides a system for determining disputes. It does so on its terms.
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