Beckett v Graham & Anor [2025] EWHC 993 (KB) (06 May 2025)

Beckett v Graham & Anor [2025] EWHC 993 (KB) (06 May 2025)

There is no requirement in the CPR or under the Electronic Working Pilot Scheme for a claimant who amends a sealed claim form without permission under CPR 17.1 to re-seal the claim form before service, provided the amended claim form bears the original court seal. The obligation is to file the amended claim form with the court, which can be satisfied by filing the amended claim form and certificate of service within 21 days of service. Service in this case was valid.

Citation
[2025] EWHC 993 (KB)
Parties
Claimant: Howard Beckett; First Defendant: Sharon Graham; Second Defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
06 May 2025
Procedural Posture
Civil (high Court, King's Bench Division) / Interlocutory Applications Regarding Validity of Service of Amended Claim Form
Outcome
Claimant's application granted; Defendants' application dismissed.
Legal Topics
Service of Claim Form, Amendment of Claim Form, Electronic Working Pilot Scheme, CPR 17.1, CPR 7.5, PD 51 O
Civil Procedure Service of Claim Form Amendment of Claim Form Electronic Working Pilot Scheme CPR 17.1 CPR 7.5 PD 51 O

Case Brief

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Parties

Howard Beckett

Claimant

Sharon Graham

First Defendant

Unite the Union

Second Defendant

Procedural Posture

Civil (high Court, King's Bench Division) / Interlocutory Applications Regarding Validity of Service of Amended Claim Form

Legal Issues

  1. 1 Whether a claim form amended without permission under CPR 17.1 must be re-sealed and/or filed before service under the Electronic Working Pilot Scheme (PD 51O)
  2. 2 Whether service of an amended claim form in manuscript on the sealed original is valid service under the CPR

Ratio Decidendi

There is no requirement in the CPR or under the Electronic Working Pilot Scheme for a claimant who amends a sealed claim form without permission under CPR 17.1 to re-seal the claim form before service, provided the amended claim form bears the original court seal. The obligation is to file the amended claim form with the court, which can be satisfied by filing the amended claim form and certificate of service within 21 days of service. Service in this case was valid.

Court Disposition

Claimant's application granted; Defendants' application dismissed.

Orders

  • Declaration that service of the amended claim form was valid under CPR 7.5.
  • No requirement to re-seal the amended claim form before service under current CPR and PD 51O.