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I understand that the rules on service of the Claim Form are important, because it is potentially the first notice that the Defendant might have of a potential claim. However, that's an unusual situation and in most cases, as I think was the case here. the Defendant is well aware of the claim. And of course, the Defendant did *actually* receive the documents.

I think the rules can make allowance for the rare case where the Defendant has no knowledge of the claim *and* the Claimant has not served properly. If it's still felt necessary, apply draconian sanctions in those cases ; personally, I feel a bit more judicial discretion wouldn't go amiss even here.

However, in most cases these days, is effectively striking out the claim for getting Service wrong really justified?

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