Service of an unsealed claim form

  • FOIL

This appeal concerned whether service of an unsealed amended claim form was good service and, if it was not, whether the failure to serve a sealed claim form was an error of procedure capable of rectification under CPR 3.10. A High Court Judge held that, since the documents served were not sealed, they were not claim forms so that no claim form was served within the time permitted for service under CPR 7.5 as extended by agreement of the parties. He went on to hold, following the decision of the Court of Appeal in Vinos (2001) that the defect in service could not be remedied under CPR 3.10.


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