Heron Bros Ltd v Central Bedfordshire Council

Claim form – Service. The defendant applied to strike out a claim concerning a procurement challenge, on the ground that the claim form had not been served within seven days of issue, as prescribed by reg 47F(1) of the Public Contracts Regulations 2006, SI 2006/5. The Technology and Construction Court, in refusing the application, held, inter alia, that the claimant had served the claim form within seven days of starting proceedings, but had not served it in accordance with the rules of court, in that it was unsealed and without the claim number. However, in the circumstances, it was fair and proportionate to cure that irregularity so that the proceedings could be regarded as having been properly brought.

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