• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

After Issue of Court papers ?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • After Issue of Court papers ?

    Dear Colleagues,

    I have started a claim in the County Court for an injunction under the Part 8 procedure.
    The papers have now been issued by the Court and I wanted to ask about the following:

    1) How many days do I have after issue of the papers by the Court, to serve these papers on the Defendant?.

    2) Once I serve the Defendant with the papers, do I have to serve a ‘particulars of claim’ within 14 days of service of the Defendant?.
    ( as the particulars of the claim were mentioned in brief on the Part 8 form that will be served with the injunction application )

    I have looked on the internet and some websites are saying that the papers can be served up to 4 months after issue, on the Defendant. Which is confusing to say the least.

    Thank you.
    Tags: None

  • #2
    CPR 7.5: https://www.justice.gov.uk/courts/pr...les/part07#7.5 - you have 4 months from issue of a claim form to serve the defendant - but please do not take anything like that long.

    Separate Particulars of Claim are not required if you are using the Part 8 procedure. Where the N208 form refers to particulars of claim it is referring to whatever you have put in the 'Details of Claim' section of the form.. You must serve any additional written evidence (i.e. statements) with the Claim Form.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Dear ATTICUS,

      Thank you for your response.
      You mentioned that “You must serve any additional written evidence (i.e. statements) with the Claim Form”.

      If this additional evidence ( statements ) were not included with the Part 8 form and injunction before issue, can they still be included after issue of the paperwork, and served on the Defendant ?.

      Comment


      • #4
        If the papers have not yet been served on the Defendant,
        I wanted to add some additional information in regards to the particulars on the Part 8 form, does the following rule allow me to do this? ( Rule 17.1(1)):

        https://www.justice.gov.uk/courts/pr...l/rules/part17

        Comment


        • #5
          You need to study and understand CPR Part 8. See Rules 8.5 and 8.6.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Support LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X