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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll