Parties, issue & service, statements of case

DR.04 — Parties, Issue & Service, Statements of Case

Parties

• Capacity to be sued: individuals, companies, partnerships (sue in firm name), LLPs. Sole traders sued in own name. A child (under 18) or protected party litigates through a litigation friend (CPR Part 21); settlements for them need court approval.
• Naming: get the legal entity exactly right (the contracting company, not a trading name). Wrong-party errors can sometimes be corrected under CPR 19.6 (mistake as to name) or 17.4 (after limitation, if same cause of action).

Issuing the claim

• Proceedings start when the court issues the claim form (CPR 7.2). For limitation, the claim is "brought" on the date the court receives the request to issue, not the date stamped — so a claim received in time but issued later is still in time.
• Track allocation: small claims (≤£10,000), fast track (£10,000–£25,000), intermediate track (£25,000–£100,000, introduced Oct 2023), multi-track (>£100,000). CPR Part 26 was renumbered, in force 6 April 2024.

Service of the claim form

• Validity: a claim form is valid for 4 months for service within the jurisdiction (6 months outside) — CPR 7.5.
• The key trap: under CPR 7.5(1) the claimant must complete the step required (e.g. post it / hand to process server / leave at address) within the 4-month period — actual receipt by the defendant can be later. Deemed service (CPR 6.14) is the second business day after that step, but 6.14 is for calculating response times, not the 7.5 deadline (Brightside v RSM).
• Extensions (CPR 7.6): apply before expiry and you need good reason; apply after expiry and the test is far stricter (took all reasonable steps but could not serve). Courts are unforgiving — failed service is a common negligence/limitation disaster (Barton v Wright Hassall: litigants in person get no special indulgence; email service needs prior agreement under PD 6A).
• Address for service: defendant's solicitor if nominated; otherwise usual/last known residence or principal place of business.

Statements of case

• Particulars of claim must state concise facts, the remedy, and any interest claimed; serve within 14 days of the claim form (and within its validity).
• Defence within 14 days of particulars (28 days if acknowledgment of service filed). Failing to deny a fact = deemed admission (CPR 16.5).
• All statements of case need a statement of truth; a false statement risks contempt. Amendments need consent or permission once served (CPR 17).

Watch: "issued in time but served late" is the classic SBAQ — limitation can be satisfied yet the claim struck out for bad service.