Hills Contractors & Construction Ltd v Struth & Anor

Hills Contractors & Construction Ltd v Struth & Anor

A photocopy of the sealed claim form sent by document exchange does not constitute valid service under the CPR; therefore, the order striking out the claim was set aside and the claim form remains valid. Even if service had been effected, the circumstances justified an extension of time for service of Particulars of Claim until 15 May 2013.

Parties
Claimant: Hills Contractors and Construction Limited; Defendant: Malcolm Struth; Defendant: Justine Struth
Jurisdiction
England and Wales
Judgment Date
17 June 2013
Procedural Posture
Civil (construction Contract Dispute) / Application to Set Aside Order Striking Out Claim and for Extension of Time
Outcome
Application allowed
Legal Topics
Service of Claim Form, Extension of Time, Relief From Sanctions, Pre Action Protocol Compliance
Civil Procedure Construction Law Service of Claim Form Extension of Time Relief From Sanctions Pre Action Protocol Compliance

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Parties

Hills Contractors and Construction Limited

Claimant

Malcolm Struth

Defendant

Justine Struth

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Application to Set Aside Order Striking Out Claim and for Extension of Time

Legal Issues

  1. 1 Whether a photocopy of a sealed claim form sent by document exchange constitutes valid service under the CPR
  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 the CPR; therefore, the order striking out the claim was set aside and the claim form remains valid. Even if service had been effected, the circumstances justified an extension of time for service of Particulars of Claim until 15 May 2013.

Court Disposition

Application allowed

Orders

  • Order dated 13 March 2013 set aside
  • Claim form remains valid and effective