Close to the limitation period

[Amber19]

If you must issue the claim within the limitation period, would the particulars of the claim also need to also fall within that time?

Can you ask for an extension if you didn't realise till later and in order to follow the pre-action protocol?

[des8]

There are different ways in which to obtain an extension, none of them certain (https://www.civillitigationbrief.com...cedural-death/

If issuing a claim through MCOL you can give brief Particulars and follow up with more detailed particulars within 14 days of the claim being issued

[Amber19]

Thanks for that

[Amber19]

Thanks DES8.

Does the limitation period mean that you must issue or serve the claim to the defendant within the set time limits?

[des8]

Yes...you cannot bring a claim (i.e. issue a court claim) after the expiration of the relevant period from the date on which the cause of action accrued.

[Amber19]

Thanks Des8. Would the defendant also need to be surved within this period?

[des8]

The Civil Procedure Rules provide that a claim is effectively issued if the Claim Form is submitted to the court and required court fee is paid by the limitation date.
The Claim Form must then be served, i.e. formally sent to the Defendant within 4 months of the date of issue.

[Amber19]

Thants a relief. Thank you so much for clarifying

[Amber19]

Thanks Des8. Would the defendant also need to be surved within this period?

Hi. Should the day of issue be the same day the court received it? The court issued mine at a later date ☹️

[des8]

This refers to online money claims:

Practice Direction 7E (supplements CPR 7)
5.4 When the court issues a claim form following the submission of an online claim form, the claim is ‘brought’ for the purposes of the Limitation Act 1980 and any other enactment on the date on which the online claim form is received by the court’s computer system. The court will keep a record, by electronic or other means, of when online claim forms are received.