Hills Contractors & Construction Ltd v Struth & Anor [2013] EWHC 1693 (TCC) (17 June 2013)

Hills Contractors & Construction Ltd v Struth & Anor [2013] EWHC 1693 (TCC) (17 June 2013)

A photocopy of the sealed claim form sent by document exchange does not constitute valid service under CPR 6.3; proper service requires the original sealed claim form. The order striking out the claim was set aside as service had not occurred. Time for service of Particulars of Claim was extended due to the unusual circumstances and the application being made before the stricter post-April 2013 CPR amendments.

Citation
[2013] EWHC 1693 (TCC)
Parties
Claimant: Hills Contractors and Construction Limited; Defendant: Malcolm Struth; Defendant: Justine Struth
Jurisdiction
England and Wales
Judgment Date
17 June 2013
Procedural Posture
Application to Set Aside Order Striking Out Claim / Post Strike Out, Application to Set Aside and Extend Time for Service of Particulars of Claim
Outcome
Application granted
Legal Topics
Service of Claim Form, Extension of Time, Relief From Sanctions, Pre Action Protocol, Striking Out, CPR Compliance
Civil Procedure Construction Law Service of Claim Form Extension of Time Relief From Sanctions Pre Action Protocol Striking Out CPR Compliance

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Parties

Hills Contractors and Construction Limited

Claimant

Malcolm Struth

Defendant

Justine Struth

Defendant

Procedural Posture

Application to Set Aside Order Striking Out Claim / Post Strike Out, Application to Set Aside and Extend Time for Service of Particulars of Claim

Legal Issues

  1. 1 Whether a photocopy of a sealed claim form sent by document exchange constitutes valid service under CPR 6.3
  2. 2 Whether the order striking out the claim should be set aside
  3. 3 Whether time for service of Particulars of Claim should be extended

Ratio Decidendi

A photocopy of the sealed claim form sent by document exchange does not constitute valid service under CPR 6.3; proper service requires the original sealed claim form. The order striking out the claim was set aside as service had not occurred. Time for service of Particulars of Claim was extended due to the unusual circumstances and the application being made before the stricter post-April 2013 CPR amendments.

Court Disposition

Application granted

Orders

  • Order of 13 March 2013 striking out the claim set aside
  • Claim form remains valid and effective for service