Service & Amendment of a Claim Form - Avoiding the Potholes
The rules on the service of a claim form continue to create problems for claimants. Getting this aspect of litigation right is essential for the efficient management of litigation and, sometimes, for pursuing the claim at all.
Equally awkward is the amendment of a claim well after service, often requested late in the process. When will a court permit such an amendment and which tests must be satisfied?
This new webinar will outline the principles in these tricky areas of the Civil Procedure Rules, as well as covering the most recent cases.
What You Will Learn
This webinar will cover the following:
Service of a Claim Form
- The date of deemed service under CPR 6.26 using the ‘signed for first class’ mail service: Diriye v Bojaj
- Searching for ‘good reason’ to justify service at an alternative place for individuals under CPR 6.15: Re Truewood Limited
- The latest case regarding mistaken service where a claim form has expired: Boxwood Leisure Limited v Gleeson Construction Services
- A lesson about the service of a claim form at a defendant’s business address: BEC Construction Limited v Melt Hythe Limited
Applying to amend a claim
Operating under the principles outlined in Su-Ling v Goldman Sachs International with differing results:
- In Salt Ship Design AS v Prysmian Powerlink SRL, an extremely late application to amend was allowed
- But not in KMG International Limited NV v Chen due to the disruption it would bring to trial preparations
- Nor in Donovan v Grainmarket Asset Management LLP because a new counsel’s ‘fresh eyes’ did not trump the prejudice allowing amendments would cause the opposing party
- Lack of funds was not an acceptable reason for the lateness of a proposed amendment to a counterclaim in Ferand Business Corporation v Maritime Investments Holdings Limited
This pre-recorded webinar will be streamed at 12:30pm on Wednesday 1st September 2021 and will remain available to view by delegates who have registered by then for 90 days.
at your organisation