14 August 2013
Is service of a claim form by the court in contravention of the claimant’s request to serve himself...
Q Is service of a claim form by the court in contravention of the claimant’s request to serve himself good or bad service?
A It is good service and cannot be undone. If the premature service by the court causes a problem for the claimant, the appropriate course is for the court to extend time for service of the particulars of claim or defence or whatever or even in granting a stay for a specified period of time. It might well do so of its own initiative, once the staff mistake has been drawn to a procedural judge’s attention.
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