Rule 59.4 Claim form and particulars of claimF1

(1)

If particulars of claim are not contained in or served with the claim form—

(a)

the claim form must state that, if an acknowledgment of service is filed which indicates an intention to defend the claim, particulars of claim will follow;

(b)

when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);

(c)

the claimant must serve particulars of claim within 28 days of the filing of an acknowledgment of service which indicates an intention to defend; and

(d)

rule 7.4(2) does not apply.

(2)

If the claimant is claiming interest, he must—

(a)

include a statement to that effect; and

(b)

give the details set out in rule 16.4(2),

in both the claim form and the particulars of claim.

(3)

F2Rule 12.7(1)(a) applies with the modification that references to the particulars of claim shall be read as if they referred to the claim form.

Annotations

Textual amendments

F1: Pt. 59 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 3
F2: Words in rule 59.4(3) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 28(1)

Notes on Part 59

Textual amendments

F2: Pt. 59 heading substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(1)