The case of Dr Markus Boettcher v (Xio (UK) LLP & Ors  EWHC 801 (Comm) (05 April 2023) recently had an interim judgment decided by the Commercial Court. The case involves allegations of fraudulent misrepresentation made to the claimant, Dr. Boettcher, by a private equity firm called XIO (UK) LLP (in liquidation) and others as a result of which Dr. Boettcher claimed to suffer substantial loss. Service and forum issues were recently decided by the Commercial Court highlighting the importance of complying with the Civil Procedure Rules (CPR) when serving a Claim form to initiate proceedings.
Are you thinking about bringing a claim against a person or a company? If so, get in touch with our expert litigation team to assist you in complying with all relevant rules and regulations from the very start of your claim. Our lawyers specialise in litigation and alternative dispute resolution. We will guide you through any stage in your litigation or settlement process whether you are a litigant in person seeking legal advice or you have instructed solicitors and are seeking a second opinion on strategy.
Service Issues Highlighted in the Judgment
One of the issues that arose in this case was whether the Claim form had been properly served on the defendants. The CPR provides detailed rules on how the Claim form must be served on the defendant in order to properly initiate legal proceedings. Complying with all relevant Civil Procedure Rules can be an overwhelming task for many, which is why assistance of expert solicitors is recommended.
In this case, the claimant had initially attempted to serve the Claim form on the defendants by email, but the defendants argued that the email had not been received. The claimant subsequently served the Claim form by post, but the defendants argued that the Claim form had been improperly served because it had been sent to an old address where he no longer resided.
One of the most important rules in the CPR is the rule on service of the Claim form, which are set out in CPR Part 7. Service of the claim form is a critical component of the legal process in the UK as it is essential for ensuring that the defendant has proper notice of the legal proceedings and an opportunity to defend themselves. The court ultimately found that the Claim form had been properly served on the defendants and that the claimant had complied with the relevant CPR rules 6.5.
What Should I Consider When Effecting Service on the Defendant’s Usual/ Last Known Address
If you are bringing a claim against a defendant & are uncertain about their correct address, you need to consider the following:
- Is there an alternative address where you could serve the Claim Form?
- Is there an alternative method which you could use to effect service?
- If you are unable to find an alternative address or method, you may serve on the defendant’s last known or usual residence.
Additionally, you should consider all evidence available before to ascertain the defendant’s usual/last known address. It could be that the defendant has multiple addresses in which they reside from time to time, any of these could be sufficient for purposes of effecting service. However, you should bear in mind that you cannot use an address for service of the claim form where the defendant has never resided as an exercise of reasonable diligence is expected by the courts and honest/reasonable belief would not be sufficient if the defendant never resided at your chosen address. You may require professional services of expert solicitors to assist you with effecting service of the claim form as ascertaining the right address may be more daunting than it appears.
What Rules Should I Follow For Service of Claim Form?
If you are considering starting a legal claim, it is important to know the CPR rules on service of the Claim form. Here is a summary of the key points:
The Claim form must be served on the defendant within four months of the date it is issued by the court, as set out in CPR 7.5. Failure to serve the Claim form within this time can result in your claim being dismissed.
The CPR provides for different methods of service that can be used, such as personal service, first-class post, or email, as outlined in CPR 6.7. The method of service will depend on the circumstances of your case.
You must ensure that the defendant receives the Claim form. If the defendant is a company, you should serve the Claim form on its registered office. If the defendant is an individual, you should serve the Claim form on their home address or their solicitor’s address (if they have one), as stated in CPR 6.9.
If you are serving the Claim form by post, you should use recorded delivery or another form of tracked delivery to ensure that you can prove that the defendant received it.
If you are having difficulty serving the Claim form, you can apply to the court for an order allowing you to serve it by an alternative method, such as by email or by publication in a newspaper. This is provided for in CPR 6.8 or you could apply to the court to dispense with service under CPR rule 6.9.
In summary, knowing the CPR rules on service of the Claim form is important if you are considering starting a legal claim. By following these rules, you can ensure that your claim is properly served on the defendant and can proceed through the court system.
How can we help you?
Our expert solicitors can be of great assistance in ensuring compliance with the Civil Procedure Rules (CPR) for service of a claim form as this could make all the difference in the outcome of your case. Our Team can help you get the results you want in several ways, including:
- Advising on the CPR requirements: The solicitor can provide guidance on the CPR rules and advise on the specific requirements for serving the claim form, including the applicable time limits, methods of service, and documentation required.
- Identifying the appropriate method of service: The solicitor can assist in selecting the most appropriate method of service for the particular case, based on factors such as the location of the defendant, the urgency of the matter, and the value of the claim
- Preparing the necessary documents: The solicitor can help in preparing the necessary documents for service, including the claim form, particulars of claim, and any other relevant documents required by the CPR.
- Ensuring compliance with deadlines: The solicitor can monitor the deadlines for service of the claim form and take appropriate action to ensure compliance. This can include setting reminders, tracking delivery, and making follow-up calls.
- Dealing with any disputes or challenges: If there are any disputes or challenges regarding the service of the claim form, the solicitor can provide advice and representation to resolve the matter. This can involve making applications to the court for alternative service methods, such as by email or social media, or challenging any objections raised by the defendant.
Instructing our Litigation Lawyers
LEXLAW provides the best possible outcome for our clients by conducting in depth investigation and research into the realistic prospects of a case before selecting the appropriate course of action in order to reduce time and expense.
Liability for costs is always an issue in litigation and based on our extensive litigation experience we provide our clients with as much strategic, practical as well as carefully considered legal advice in order to ensure minimum risk in respect of costs.
Where appropriate we encourage the use of alternative dispute resolution (such as mediation and without prejudice negotiation) and our lawyer’s negotiation skills are first class. If early settlement at advantageous terms is not possible, we are extremely experienced and capable at navigating our clients through the litigation process.
Check Your Litigation Case ✔
We analyse your case prospects. We deliver strategic legal advice at your first fixed fee meeting. We get optimal legal results. Want our opinion on your case? Click below or call our lawyers in London on ☎ 02071830529