header-logo header-logo

04 July 2013
Issue: 7567 / Categories: Case law , Law digest , In Court
printer mail-detail

Claim form

Hills Contractors and Construction Ltd v Struth and another [2013] EWHC 1693 (TCC), [2013] All ER (D) 220 (Jun)

The effect of CPR 7.2 (1) and CPR 2.6(1) was that, as a general rule, a claim form was the document issued by the court on which the court seal was placed. Accordingly, when CPR 6.3(1) stated that “a claim form may…be served by any of the following methods”, as a general rule, it was service of a hard copy document as issued and sealed by the court. A photocopy of that document was not sufficient. There were clearly exceptions. When a claim form was served by fax or other means of electronic communication under CPR 6.3(1)(d) in accordance with Practice Direction 6A, necessarily there was not service of the original document issued and sealed by the court. In such circumstances, the hard or soft copy of the fax or the soft copy or print out of the attachment to an e-mail was the document served but in each case the hard or soft copy represented a copy

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll