High Court rules service of Claim Form as ineffective, as served late.


Re: Piepenbrock v Associated Newspapers Limited [2020] EWHC 1708 (QB)

This case discusses issues that can arise when a claimant leaves service of a Claim Form until the last moment. The Claimant issued an Application Notice seeking (1) relief from sanction under CPR 3.9; (2) correction of an error of procedure under CPR 3.10; (3) an order extending time for service of the Claim Form under CPR 7.6; (4) an order for service by an alternative means/at an alternative place under CPR 6.15; (5) an order dispensing with service of the Claim Form under CPR 6.16; and (6) summary judgment pursuant to CPR 24.

Held: the Defendants are entitled to the declaration that service of the Claim Form had been ineffective. The Claim Form was not served during its period of validity. In consequence, the Court has no jurisdiction over the Claimant’s claim. It follows that I should also formally dismiss the Claimant’s application for summary judgment.

Chris Buttler was involved in this case.

Please find judgment here.