Normal Service - Hills v Struth

In this recent decision of Ramsey J, the TCC considered whether sending a photocopy of a claim form by post or DX amounts to valid service. In addition, there is a useful comparison in the judgment of the court's approach to relief from sanctions under the old CPR 3.9 and the new version, which applies to all applications made post 1st April 2013.

The claimant was a building contractor engaged by the defendants to demolish and rebuild their house pursuant to a JCT Intermediate Form of Contract. Shortly before Christmas 2012, the final certificate was issued. Given the potentially conclusive effect of that certificate, the claimant commenced proceedings without having complied with the Pre-Action Protocol and in circumstances where it was not in a position to serve particulars of claim. As a result, the claim form was not immediately served on the defendants.