You’ve issued a court claim — but have you really done enough?

A recent Court of Appeal decision provides an important reminder for landlords, tenants, property owners and anyone involved in a legal dispute:

Submitting a claim form is not the end of the process. In Bali v 1–2 Couriers Ltd [2025] EWCA Civ 1413, the Court of Appeal considered a deceptively simple question:

When is a claim form actually “issued”?

The answer is important.

A claim form is issued when the court seals/stamps it — not when the court posts it or when the claimant receives it.

Why does that matter?

Because once the claim is issued, the clock is running on the deadline for serving the claim form on the defendant.

What happened?

The claimant’s solicitors submitted their claim on the last day of the limitation period.

There were then significant delays in the court processing the claim.

The claim form was eventually sealed in December 2023, but the solicitors did not receive it until April 2024 — by which time the deadline for serving it had passed.

The solicitors argued that the claim should effectively be treated as issued when it was sent out.

The Court of Appeal disagreed.

The claim was issued when it was sealed, and the claimant’s solicitors were expected to monitor the situation, chase the court and take action if the service deadline was at risk.

The important lesson

It is not enough to say:

“I submitted my claim within the time limit.”

You also need to make sure the next steps happen correctly.

For example:

• Check that the claim has actually been issued/sealed.

• Record the relevant deadlines.

• Monitor progress with the court.

• Chase promptly if there are delays.

• Make sure the defendant is served correctly and on time.

• If service may be late, consider applying for an extension before the deadline expires.
  

The takeaway is simple:

Starting a claim is only the beginning. Managing the deadlines that follow is just as important.

ELS Legal — Precision in Process. Protection in Practice.

This post is for general educational purposes only and does not constitute legal advice. For further information please contact ELS Legal by telephone on 0203 149 8488 or by email at info@els.legal.