Howard Beckett v Sharon Graham & Anor

Howard Beckett v Sharon Graham & Anor

There is no requirement in the CPR or under the Electronic Working Pilot Scheme for a claimant who amends a claim form without permission under CPR 17.1 by endorsing the issued and sealed version to serve a re-sealed version of the claim form. The obligation is to file the amended claim form with the court, but service of the amended claim form bearing the original seal is valid. The claim form was validly served within the prescribed period.

Parties
Claimant: Howard Beckett; First Defendant: Sharon Graham; Second Defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
05 June 2025
Procedural Posture
Civil / Ruling on Cross Applications Regarding 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, CPR 6.17, Practice Direction 51 O
Civil Procedure Service of Claim Form Amendment of Claim Form Electronic Working Pilot Scheme CPR 17.1 CPR 7.5 CPR 6.17 Practice Direction 51 O

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Parties

Howard Beckett

Claimant

Sharon Graham

First Defendant

Unite the Union

Second Defendant

Procedural Posture

Civil / Ruling on Cross Applications Regarding 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 that has not been re-sealed or filed prior to service is valid

Ratio Decidendi

There is no requirement in the CPR or under the Electronic Working Pilot Scheme for a claimant who amends a claim form without permission under CPR 17.1 by endorsing the issued and sealed version to serve a re-sealed version of the claim form. The obligation is to file the amended claim form with the court, but service of the amended claim form bearing the original seal is valid. The claim form was validly served within the prescribed period.

Court Disposition

Claimant's application granted; Defendants' application dismissed.

Orders

  • Declaration that the claim form was validly served in accordance with CPR 7.5(1).
  • No requirement to serve a re-sealed amended claim form under the Electronic Working Pilot Scheme.