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ARTICLE · 03 MAY 2018

Barton V Wright Hassall LLP [2018] UKSC 12

The claimant, a litigant in person, sought to serve his claim form on the solicitors appointed by the defendant's insurers by email.

United KingdomLitigation, Mediation & Arbitration

Supreme Court refuses to validate service of a claim form

The claimant, a litigant in person, sought to serve his claim form on the solicitors appointed by the defendant's insurers by email. Under the CPR, service by email is only allowed where the recipient has previously confirmed in writing that it is willing to accept service in this way. This was not the case here. The solicitors informed the litigant in person that service was not valid but only after the time for service had expired (and the claim was time-barred). When the claimant's application under CPR r6.15(2), for an order that the steps he had taken to bring the claim form to the attention of the defendant should count as good service, was refused, he appealed to the Court of Appeal. That appeal was dismissed and so the claimant appealed to the Supreme Court.

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