FLK1 · Dispute Resolution

Parties, issue & service, statements of case

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

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 (normally for claims unsuitable for small claims or the fast track, with monetary relief no more than £100,000; CPR 26.9 conditions and exceptions apply; introduced October 2023), multi-track (>£100,000). Part 26 was replaced from 1 October 2023 (SI 2023/572, rules 1 and 8; transitional provisions apply).

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.

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A supplier delivers machinery to a manufacturer under a simple contract, not a deed. On 3 March 2024, its defective machinery causes a fire that seriously burns an adult factory worker and damages the factory. That day the worker knows the burns are serious, that they resulted from the supplier's defective machinery and who the supplier is. He proposes a negligence claim against the supplier for his injuries. The manufacturer proposes a contract claim against the supplier for the factory damage; the contractual breach also occurred on 3 March 2024. Neither claimant is under a disability, and there is no later date of knowledge or concealed fact to consider. Which best states the applicable primary limitation periods, leaving aside any discretionary extension?

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