| | Procedure |
| | The procedure is as follows: |
| 1. | The claim form must be signed by a solicitor acting on behalf of the
claimant, and must not require the permission of the Court for its issue (unless
such permission has already been given). |
| 2. | The solicitor causing the claim form to be issued ("the issuing solicitor")
must |
| |
| (i) |
endorse on the claim form the endorsement shown below and sign
that endorsement; |
| (ii) | send a copy of the claim form so endorsed to the Registry by fax for
issue under this section; and |
| (iii) | when he has received a transmission report stating that the
transmission of the claim form to the Registry was completed in full
and the time and the date of the transmission, complete and sign the
certificate shown below. |
|
| 3. | When the Registry is next open to the public after the issue of a claim form
in accordance with this procedure the issuing solicitor or his agent shall attend
and deliver to the Registry the document which was transmitted by fax
(including the endorsement and the certificate), or if that document has been
served, a true and certified copy of it, together with as many copies as the
Registry shall require and the transmission report. |
| 4. | When the proper
officer at the Registry has checked and is satisfied that the document
delivered under paragraph 3 fully accords with the document received under
paragraph 2, and that all proper fees for issue have been paid, he shall
allocate a number to the case, and seal, mark as "original" and
date the claim form with the date on which it was issued (being, as
indicated below, the date when the fax is recorded at the Registry as
having been received). |
| 5. | As soon as
practicable thereafter the issuing solicitor shall inform any person served
with the unsealed claim form of the case number, and (on request) shall
serve any such person with a copy of the claim form sealed and dated under
paragraph 4 above (at such address in England and Wales as the person may
request) and the person may, without paying a fee, inspect and take copies
of the documents lodged at the Registry under paragraphs 2 and 3 above. |
| | |
| | Effect of issue following request by fax. |
| | The issue of a claim
form in accordance with this procedure takes place when the fax is recorded
at the Registry as having been received, and the claim form bearing the
endorsement shall have the same effect for all purposes as a claim form
issued under CPR Part 7 [or 8, as the case may be]. Unless otherwise
ordered the sealed version of the claim form retained by the Registry shall
be conclusive proof that the claim form was issued at the time and on the
date stated. If the procedure set out in this Appendix is not complied
with, the court may declare (on its own initiative or on application) that
the claim form shall be treated as not having been issued. |
| | |
| | Endorsement |
| |
A claim form issued pursuant to a request by fax must be endorsed as follows: |
| |
| "1. |
This claim form is issued under section B3.11/B4.4 of the
Commercial Court Guide and may be served notwithstanding that it
does not bear the seal of the Court. |
| 2. | A true copy of this claim form and endorsement has been
transmitted to the Admiralty and Commercial Registry, Royal Courts
of Justice, Strand, London WC2 A 2LL, at the time and date certified
below by the undersigned solicitor. |
| 3. | It is the duty of the undersigned solicitor or his agent to attend at the
Registry when it is next open to the public for the claim form to be
sealed. |
| 4. | Any person upon whom this unsealed claim form is served will be
notified by the undersigned solicitor of the number of the case and may
require the undersigned solicitor to serve a copy of the sealed claim
form at an address in England and Wales and may inspect without
charge the documents which have been lodged at the Registry by the
undersigned solicitor. |
| 5. | I, the undersigned solicitor, undertake to the Court, to the defendants
named in this claim form, and to any other person upon whom this
claim form may be served: |
| |
| (i) | that the statement in paragraph 2 above is correct; |
| (ii) | that the time and date given in the certificate at the foot of
this endorsement are correct; |
| (iii) | that this claim form is a claim form which may be issued
under section B3.11 (or B4.4, as the case may be) of the
Commercial Court Guide; |
| (iv) | that I will comply in all respects with the requirements of
section B3.11/B4.4 of the Commercial Court Guide; |
| (v) | that I will
indemnify any person served with the claim form before it is sealed against
any loss suffered as a result of the claim form being or becoming invalid
in accordance with section B3.11/B4.4 of the Commercial Court Guide. |
|
|
| |
(Signed) |
| | Solicitor for the claimant" |
| | |
| |
[Note: the endorsement may be signed in the name of the firm
of solicitors rather than an individual solicitor, or by solicitors'
agents in their capacity as agents acting on behalf of their
professional clients.] |
| | |
| | Certificate |
| |
A solicitor who causes a claim form to be issued pursuant to a request sent by
fax must sign a certificate in the following form: |
| |
"I, the undersigned solicitor, certify that I have received a transmission
report confirming that the transmission of a copy of this claim form to
the Registry by fax was fully completed and that the time and date of
transmission to the Registry were [enter the time and date shown on
the transmission report]. |
| | Dated |
| | (Signed) |
| | Solicitor for the claimant." |
| | |
| |
[Note: the certificate may be signed in the name of the firm of
solicitors rather than an individual solicitor, or by solicitors' agents in
their capacity as agents acting on behalf of their professional clients]
|
| | |