MCOL/ Form N215 Query

[Pezza54]

The first question on N215 asks for copies of documents that have not already been filed to be attached.

Gov.uk mcol guidance "Serving Additional Particulars of Claim" 4th paragraph states there is no need to file additional particulars of the claim at this time but does not state when they should be filed

The defendant files his full defence responding to the additional particulars of claim. The court now has a defence document arguing against a claim document that is not in the possession of the court.

When should the claimant file his additional particulars of claim? Along with his witness statement and evidence 2 weeks before the date set for the hearing?

[R0b]

Well, I think the defendant has made an error.

CPR 7.4 says that the particulars of claim need to be served with the claim form, or if they are not, within 14 days after the date the claim form has been served. For MCOL claims, service of the claim form is deemed 5 days after the date of the claim form, so the claimant would have 19 days form the date of the claim form.

If the claimant has failed to file the particulars within 14 days and not made an application for an extension of time, then the claimant would need to make an application for relief from sanctions. Equally, the defendant would have the right to make an application to. strike out the claim for non-compliance.

An example of the High Court striking out a claim for failing to serve within the 14 day window is here.

As for the defendant, they submitted the defence too early. CPR 15.4 states that the defendant only need to file a defence 14 days after service of the particulars of claim or 28 days after service if the claim has been acknowledged. I am not sure how the court would treat this situation and whether the defendant has now lost the right to strike out the claim having filed a defence albeit prematurely. Only way to find out is to make an application for strike out.

[Pezza54]

Thanks R0b
I agree with you
The claimant sends full PoC (including additional poc) to the defendant and files N215 with the court. N215 states documents not already filed should be attached. I assume that means additional poc. MCOL guidance states there is no need to attach additional poc with form N215
Is MCOL guidance incorrect or have I missed something?

[R0b]

See below, CPR 7.4(3) and (4)

(3) Where the claimant serves particulars of claim on the defendant, the claimant must, within 7 days of service on the defendant, file a copy of the particulars unless a copy has already been filed.

(4) The claimant need not file a copy of the particulars of claim under paragraph (3) if the claim is being dealt with at the Production Centre (under rule 7.10) or the Civil National Business Centre (under Practice Direction 7C) and is not transferred to another court.

[Pezza54]

Thanks again

I think I have found the answer in Practice Direction 7B Production Centre

5.2 Filing separate particulars of claim as 2(a) and (b)

and (3) Particulars of claim to be filed at the court which proceedings are to take place within 7 days of service of the notice that proceedings have been sent

The Production Centre deals with the defence, counterclaims but not poc

I wonder how many first time LIPs miss this and file their full poc with form N215 or are not aware of the deadline to file their poc with the county court. Form N215 does state to attach documents not already filed