Where a claim form is issued by a Claimant against more than one Defendant but is not served on one of the Defendants, and time for service of the Claim expires without service on that Defendant, the Defendant who was served must use CPR 20.7 if it wishes to commence any Part 20 Claim against the non-served Defendant. If that were not the case then CPR 20.6 would enable a claim to commence and be pursued against the unserved Defendant without any valid originating process having been served and absent any order deeming it served (or extending time for service), merely by filing a Notice. There has to be at least one Originating Process served in respect of a Defendant whether that be the original claim (in which case CPR 20.6 may apply) or a separate Part 20 claim (in which case CPR 20.7 applies)
Judges:
Master Mccloud
Citations:
[2021] EWHC 3698 (QB)
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 23 March 2022; Ref: scu.674425