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Claim form definition

What does Claim form mean? Document used to start a civil claim, summarising the nature of the claim and remedy sought, and identifying parties and court. In England and Wales, the claim form is the originating process under the Civil Procedure Rules (CPR) and is a statement of case (CPR 2.3). Issued under Part 7 or Part 8, it gives brief details of the claim, any statement of value, the remedy sought and addresses for service, and may contain or be followed by particulars of claim. Issue of the claim form commences proceedings and, if served within the CPR time limits (typically...

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Hague Service Convention: COVID-19 issues for serving claim forms

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It is assumed that any mention of the ‘Hague Convention’ is a reference to the Hague Service Convention, adopted under the Hague Conference on Private International Law in 1965 (the Convention).

Methods of service under the Convention

The first and central point is that, where the Convention applies, service must be undertaken strictly in line with its rules, and cannot be avoided by seeking an order for Alternative service from the courts of this country, or by any other device (Cecil v Bayat); that this requirement is compulsory in all cases, and not merely guidance, is confirmed by the High Court’s approach to Regulation (EC) 1393/2007, the Service Regulation, in Hornan v Baillie.

The primary route for service under the Convention is for the serving party to send the Claim form to the ‘Central Authority’ in this jurisdiction (that is, by filing with the Senior Master via the Foreign Process Section), which will then transmit the claim form to the Central Authority in the state of the person to...

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Ryan Hocking
Ryan Hocking Social LinkedIn

Ryan has a busy, broad-based commercial and insolvency practice. He is a sought-after trial and appellate advocate, having acted in a number of cases of wider commercial significance to the client. Ryan's insolvency practice includes both personal and corporate insolvency, acting for office-holders as well as individuals and directors. He advises and acts in respect of (amongst other things) antecedent transactions, misfeasance, and litigation brought by office-holders. Within the wide category of commercial litigation, he has experience in matters relating to contractual disputes, civil fraud, partnerships and LLPs, professional negligence, financial regulation, unjust enrichment, and of cases with an international dimension (including injunctive relief and cross-border insolvencies). Ryan welcomes instructions to act as sole counsel or as part of a team, and has been led in the High Court (for example, being led by Brie Stevens-Hoare QC in the commercial fraud case of...

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