Please enable JavaScript.

Coggle requires JavaScript to display documents.

Validity, extension and service of claim forms (Service of claim form…

- - - - The court has power to extend even where C has not taken all possible steps to serve, although must still be a good reason.
      - The failure of 1 of 2 D's to reply to letter of claim did not justify extension.
      - Delay by accountants in producing report which caused delay drafting PoC did not justify extension to serve claim form.
      - The better the reason for not being able to serve in time the more likely an extension granted. Incompetence/oversight by C or waiting for some other development in the case might not be enough. An extension that allows C to serve after the end of the limitation period may be refused.
    - - a) D admitted liability and made interim payment, but C showed no good reason fro serving the claim form week out of time;
      - b) C had difficulty preparing a schedule of special damages;
      - c) Claim form served on D instead of nominated solicitors
      - d) Claim form faxed to D's insurers on last day of validity
      - Permission refused where:
- - - - DX: Only where D's address where service is to take place includes a DX number or the letterhead of D/solicitor includes a DX number and they have not stated that they are unwilling to accept service by DX
    - - Must be in agreement by recipient. If recipient is not solicitor, it must be express. If recipient is solicitor, agreement is presumed if email address is in statement of case or fax number on letterhead