Jurisdiction(s):
United Kingdom

Chelfat v Hutchison 3G: CPR 6.34—no N510 needed for issue; PD 7A allows relation back for limitation (England and Wales)

Published on: 19 April 2022

Published by a LexisNexis Dispute Resolution expert

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Article summary

Chelfat v Hutchison 3G UK Ltd [2022] EWCA Civ 455 What are the practical implications of this case?

On the narrow issue, where a claimant intends to serve out of the jurisdiction without seeking permission, this decision confirms that the court is obliged to issue a claim form submitted without a Form N510 or equivalent notice. Lodging the claim form alone is sufficient, despite text of CPR 6.34(1) stating that ‘the claimant must—(a) file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction’. Turning to the wider point about substitute claim forms, the court adopted a generous interpretation of the phrase ‘as issued’ in CPR PD 7A, para 5.1—‘where the claim form as issued was received in the court office on a date earlier than the date on which it was issued...’. This construction may enable parties to bring amended documents within that rule’s scope. The position of a claim form rejected for non‑payment of fees, an issue left unresolved in Hayes v Butters [2021] EWCA Civ 252, remains undecided. Coulson LJ referred to the concerns of Lord Justice at that stage...

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