Applications Before Issue, Service & Amendment of a Claim Form - Getting it Right

Introduction

The procedural rules about the service of the claim form are both complicated and lengthy. They govern one of the most critical areas in civil procedure yet, every year, cases reach the higher courts in which a claimant is either trying retrospectively to avoid the consequences of mistaken service or asking for latitude in being able to serve a claim in an alternative manner. Sometimes, it is necessary for uncertain claimants to use both approaches.

Equally troubling is the amendment of claims after service, the need for which can sometimes occur extremely late in the litigation process. This may be for good reason, to correct an oversight, or to expand the ambit of the claim. In what circumstances do courts typically permit the amendment of a claim; and which tests must be satisfied?

Other applications that may be made by a potential claimant before the issue of a claim form include pre-action disclosure, ‘Norwich Pharmacal’ and party anonymity orders.

Aimed at lawyers involved in pursuing or defending civil claims, this in-person seminar will provide an outline of the possible applications that a claimant may make before the issue of a claim form, as well as looking at the main rules on service and the amendment of claims. It will work both as a refresher using illustrations, as well as updating delegates on some recent cases in these areas.

What You Will Learn

This course covers the following topics:

Pre-action applications by claimants

• Pre-action disclosure applications (Wang v Otaibi and Diamond Bus v Transport for West Midlands)
• Pre-claim disclosure of information orders: not for a ‘mere witness’ (EUI v UK Vodafone)
• Refusal of a ‘Norwich Pharmacal’ order - Davidoff v Google
• Grant of a ‘Norwich Pharmacal’ order - Puma v Transport for London
• Anonymity granted in Labour Party litigation (Taylor v Evans) but not for a settling child (PMC v Local Health Board)
• Permission to serve a claim form outside England and Wales

Service

• The dual purposes behind service
• Relying on the court: waiting for a sealed copy before service: Walton v Pickering Solicitors
• Problems over service following the electronic issue of a claim form and payment of the court fee: Citysprint UK Limited v Barts Health NHS Trust
• Service by email: what are the current requirements?
• Extensions for service of a claim form after expiry of a limitation period: the Court of Appeal surprisingly backs the registrar, not the judge, in ST v BAI
• The perennial problem of suing and serving ‘Persons Unknown’ including protest and ‘scamming’ cases

Amendment:

• ‘Late’ versus ‘very late’ amendments
• A reminder of the approach taken in Quah Su-Ling v Goldman Sachs International
• Martlet Homes v Mullaley & Co in the Court of Appeal: no new claims allowed in a Reply
• The unargued case: Satyam Enterprises v Burton and Ali v Dinc
• When will additional disclosure be a consequence of the amendment of a claim?