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Ben Jones
Ben Jones, UK Lawyer
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Is a personal injury County Court claim form (served on me

Resolved Question:

Is a personal injury County Court claim form (served on me yesterday) dated 10.11.12 for an injury that occurred on 8.11.12 (according to claimant's own particulars) barred by the Stature of Limitations
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello why was there such a delay in serving the form?
Customer: replied 1 year ago.
No idea. The solicitors letter accompanying service of the claim, acknowledges that service will be deemed 24.02.2016. The court claim form gives the case number ***** claim date as 10.11.2015, and the particulars of claim specify that the incident took place on 8.11.2012. We are talking about a dog bite to a postman
Customer: replied 1 year ago.
are you still there
Customer: replied 1 year ago.
Could I please have some acknowledgement that you are still there. I have sent a reply to your question
Expert:  Ben Jones replied 1 year ago.
Yes I am here
Customer: replied 1 year ago.
Great.
Expert:  Ben Jones replied 1 year ago.
just need to check the relevant rules
Customer: replied 1 year ago.
Cool. It has been suggested to me that if the claimant's solicitors submitted paperwork for the claim, in time, but the court took days to process it, then there may be an exception to the usual Statute bar. But I thought claims are issued and processed the day they are submitted, time being of the essence and all that...
Expert:  Ben Jones replied 1 year ago.
Can you please xlarify - in your original question you state the claim was made 10.11.12, subsequently say it was 10.11.15. Is it 12 or 15?
Customer: replied 1 year ago.
sorry. Incident is 12, claim is 15
Expert:  Ben Jones replied 1 year ago.
It is certainly not the case that claims are processed on the day they are received – the court system is almost always clogged up and they have more work than manpower so delays are more or less a given. Often they will be working days, if not weeks, behind. So the key here is when was the claim actually submitted, not when it was registered by the court. There is a 3 year time limit to make a personal injury claim from the date of the incident, so any claim should have been submitted by no later than 8 Nov 15. The court may have received the claim on time, but taken a few days to process it – that does not mean it is statute barred, it is just part of the process. Once the claim is issued, the claimant has 4 months to serve it on you so they are still in time to do so. The key is therefore when was it submitted to the court – I suggest you check with the court the exact date the claim was submitted, not when it was issued by the court as that is what it would turn on. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46188
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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