Form N24

[Golden]

Hello,

I have received a General Form of Judgment or Order (Form N24) from the County Court. It states "Before His Honour Judge ......., sitting at the County Court......., upon reading the court file it is ordered that: Allocate to the multitrack and list for a Case Management Conference on the first available date after 56 days".

However, I have not been validly served the claim form and was not aware that this claim had even been filed. In addition, the address the court was given to serve me the claim was an old address, even though I recently made a formal request to the claimant that all communications be served by email (and I provided my email address). I made this request in anticipation of a claim (as there is an ongoing dispute). Due to the claimant disregarding my request, I am now in the situation where the court thought I had received the claim form and has made an order.

I emailed the court to tell them that I had not been served the claim form and gave them my email address so they can send me the documents but I am wondering if I can take this a step further and request that the directions are set aside on the grounds that the claim form has not been validly served? I'd appreciate any comments/help on what I can do at this point.

Thank you!

[Frank1]

You should read cpr Part 57 for probate claims.
Probate claims are allocated to the multitrack
Claims can proceed to trial without a defence and a decision can be made on papers alone.
The county court would have issue the sealed claim form and returned it to the claimant for serving on yourself within stipulated time limits.
Did you inform the claimant you were moving? Did you provide the claimant with your new address? If not the claimant was within his rights to post the claim form.
My advice is to contact the claimant and ask to be sent a copy of the claim form and claim particulars.

As court procedure in the multitrack is complex you should consider consulting a contentious probate solicitor and think about negotiating a settlement to avoid legal costs which can quickly mount up.

[Frank1]

How did you receive form N24 from the court? Was it forwarded on from your old address?

[atticus]

You are going to have to give the court and the claimant an address for service, to which documents can be sent (by post).

[Golden]

Thanks FRANK1 and ATTICUS for your replies.

I thought that there is now an option to be served by email? I have already emailed the court with my contact email address. I also requested to the claimant (a few months ago) that I be served by email for all correspondence (and I provided him with my email address) so I thought I had done everything correctly.

[atticus]

See CPR 10.5!

https://www.justice.gov.uk/courts/pr...es/part10#10.5

As to email service, have you stated that you are willing to accept service of court proceedings by electronic means? (CPR PD 6A) You only mention correspondence.

[Golden]

The exact wording is:

In accordance with paragraph 4.1 of the Civil Procedure Rules Practice Direction 6A, please accept this letter as a written request to serve all correspondence (including pre-action correspondence and formal proceedings) by email to (name) and (name) at their email addresses listed below:

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[atticus]

I may be labouring the point, but did you as the party to be served* send that communication?

*PD6A para 4.1(1)

[Golden]

Yes.

[Golden]

Hello,

Does anyone happen to know if an N244 Form can be completed jointly? For example, by the 2nd and 3rd Defendants?

Thanks!

[atticus]

Yes, this can be done, if you are both asking the court to make the same order.

[Golden]

Thanks Atticus. As there is only 1 signature box/area to print name (and space for only for 1 address), I am not sure how to approach this on the form. Any ideas? Perhaps a signature on the left hand side of the signature box and one on the right hand side and then put the main defendant's address?

[atticus]

Improvise as you think best. That is what I would do.

[Golden]

Okay. But is it definitely permitted to have a joint application when it is for a joint order?

[atticus]

See CPR Part 23 and Practice Direction 23A.