We are continuing our series on Civil Procedure Rules, highlighting some of the little known but common rules and hopefully explaining them in plain English.
The next rule we will be looking at is Rule 7.8 – Service of a Claim Form.
The rule says:
7.8 Form for defence etc. must be served with particulars of claim.
(1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by –
(a) a form for defending the claim;
(b) a form for admitting the claim; and
(c) a form for acknowledging service.
(2) Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims) –
(a) paragraph (1) does not apply; and
(b) a form for acknowledging service must accompany the claim form.
What does this mean?
Normally when the Court serve the Claim Form and it includes a Particulars of Claim, the Court will normally send with it something called a ‘Response Pack’. This ‘Response Pack’ allows the Defendant to respond to the claim by either acknowledging service, defending the claim or admitting the claim.
However, where the Claimant is arranging their own service of the Claim Form and it includes a Particulars of Claim, the Claimant must include a “Response Pack”. The “Response Pack” are the forms mentioned in (a), (b) and (c) of this Rule. It comprises of a Form N9; an N9A or N9C; and N9B or N9D.
A failure to provide the “Response Pack” when serving the Particulars of Claim can result in the claim being deemed as not validly served.
The above explanation relates to Part 7 claims. In Part 8 claims, only a form acknowledging service must be sent. Those forms are either N210, N210A, N210B or N210C.
You can find the full Civil Procedure Rules online (currently) at https://www.justice.gov.uk/courts/procedure-rules/civil/rules
Any questions or support with the above please email us at: philip@whitecollarlegalandadmin.com or phone 0151 230 8931.