Do solicitors owe a duty of care to each other? Should a solicitor inform their counter part of a mistake when serving documents? In the case of Woodward & Anor v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985, it was held by the Court of Appeal, that neither the defendants solicitors or their client were under a CPR1.3 duty to inform the claimants solicitors of the ineffective service of the claim form. The Court of Appeal added that the defendants solicitors had nothing to do with the mistake itself or contributed to it...
Before serving any court papers ensure the following;
1. Court papers are served within the correct time frame;
2. That prior to service you have confirmation that the other party's legal representative accept service on their client's behalf; and
3. If you are a paper light firm and serve by email, ensure that the receiving party will accept service by email and you have this confirmation in writing (or it is stated on their letterhead if it is a law firm)
