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Claim on the Crown incorrectly served

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As I predicted the LGD refuses to do me such a favour.

 

What did they actually say to you?

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I served my claim form within the four months deadline but I served it on the defendant instead of serving it on its representative because CPR 6.10 says that for claims against the Crown we have to serve the claim form on the defendant's representative. This is a stupid technicality it is judicial bureaucracy which wastes time and money because the defendant's representative has received my claim form as evidenced by his last email and could respond to it if he wishes. As a consequence if now I have to serve again my claim form this time on the defendant's representative I will be now outside the four months deadline.

 

I had to go through the several steps of the MOJ's complaint procedure and this has taken a long time. Moreover I had also other commitments. I made my first claim within the six years deadline but if I have to make another claim this time it will be slightly outside the six years limitation period

 

There's part of your grounds for the application.

 

It's a minor error and easy for a LiP to make and the Defendant has not suffered any prejudice as the GLD was passed a copy of the pleadings by the MoJ.

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I asked him to change his mind and to accept the service of my claim even if he has received it from the defendant and not directly from me. He has not told me yes . However he told me I have myself accepted that now I am out of time to serve correctly the claim form on him directly

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