Hills Contractors & Construction Limited v Struth

Citation: [2013] EWHC 1693 (TCC), [2014] WLR 1, [2014] 1 WLR 1

Hills’ claim for an unpaid balance had been struck out, on the basis that they had failed to provide Particulars of Claim, following service of a photocopy of their claim form.  Hills applied for the order striking out their claim to be set aside, partly on the basis that the photocopy of the claim form was not good service, and so the time limit for providing Particulars of Claim had not commenced.

Ramsey J, allowing the application and setting aside the order striking out the claim, held that the document required for service to be achieved was the original sealed claim form, and not a copy of it, save in cases where the rules specifically provide otherwise (as in CPR 6.3(1)).

Link to Judgment

Counsel: Jane Lemon QC appeared on behalf of the Claimant and Jonathan Selby appeared on behalf of the Defendant.

Counsel

Jonathan Selby QC

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