Rescued From an Error of Procedure - Ian Miller, 1 Chancery Lane
15/07/14. Rule 3.10 rescues parties where “there has been an error of procedure such as a failure to comply with a rule or practice direction”. Where it applies “the error does not invalidate any step taken in the proceedings unless the court so orders”. The question therefore is when an error is merely an error of procedure and when it is such an error that it is irremediable.
In Isaac Stoute v LTA Operations Ltd [2014] EWCA Civ 657 the Court of Appeal looked at this question in the context of failed service. Is service of the claim form by the court in disregard of a claimant’s notification that he wished to effect service himself (1) a nullity and (2) ‘an error of procedure’ within r. 3.10?
The problem in this case was that the claimant had notified the Court that his solicitors wished to serve the claim form. Rule 6.4(1) states that the Court will serve the claim form except where the claimant notifies the Court he wishes to serve it. It was argued that...
Image ©iStockphoto.com/alexskopje
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
