The CPR updates coming into force today (6 April 2016) include the introduction of a new CPR 89 to govern the procedure for applying for attachment of earnings orders and consolidated attachment orders.
Updated versions of the following forms were published by the MOJ on Friday 19 June 2015:
N161 (Appellant’s notice)
N242A (Offer to settle)
N260 (Statement of costs (summary assessment))
N510 (Service out of the Jurisdiction)
The introduction of Brussels I (recast) involved changes to the CPR but the MOJ appears to have forgotten that work was also required to Form N510. This is an important omission as the claimant is required to complete Form N510 when serving a claim form out of the jurisdiction without the permission of the court and such service can be effected under Brussels I (recast) and the new provisions in CPR 6.33. Failure to complete Form N510 correctly can result in in the defendant arguing that service of the claim form was void and this may well lead to headaches for the claimant if there are limitation issues. What should practitioners do until an updated Form N510 is available?