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Issuing and Serving a Claim for SQE1

Part of our SQE1 Dispute Resolution guide → View the full SQE1 Dispute Resolution guide

09 Apr 2026

The homeowner paid the full contract price of £85,000 upon completion without raising any objection to the delay. In September 2023, the homeowner commissioned a surveyor to inspect the property for a...

Issuing and Serving a Claim

Dispute Resolution > Issuing and Serving a Claim

A builder completes an extension three weeks late, but the homeowner accepts completion without objection. Two years later, the homeowner discovers structural defects and consults a solicitor. Today's date is January 2026. The six-year limitation period under the Limitation Act 1980 means time is still running—but the question becomes when that clock started ticking, and whether there are any procedural traps around issuing and serving the claim form. This scenario tests SQE1 candidates on limitation periods and the deemed date of service rules under CPR Part 6.

What Is Issuing and Serving a Claim in SQE1?

Candidates frequently lose marks on SQE1 by confusing the limitation period deadline with the service deadline — a claim must be issued within the limitation period, but served within four months of issue. Issuing and serving a claim is the procedural step that formally commences civil litigation. The claimant drafts a claim form (which may be accompanied by particulars of claim or may include particulars within the form itself), issues the claim with the court, and then serves it on the defendant. The CPR contains detailed rules about what a claim form must contain, where it can be served, how service is effected, and the time limits within which service must be completed.

Understanding these procedural steps is critical for SQE1 because examiners frequently test limitation periods, the rules governing valid service, and the routes available to the claimant—Part 7 claims versus Part 8 claims. Candidates often muddle the deadline for service (six months from issue, or four months if serving out of jurisdiction), confuse postal service rules with other methods, and misapply the Limitation Act 1980. The deemed date of service rules in CPR Part 6 are particularly important in determining when service is effective and whether a claim has been issued and served within time.

Key Principles for SQE1

  • Limitation Period: For breach of contract and negligence (tort), the limitation period is six years from the date of breach or accrual of cause of action (Limitation Act 1980, s.5 and s.2 respectively). For personal injury claims, the limit is three years (s.11). For latent damage in negligence cases, special rules apply.

  • Claim Form Requirements: The claim form must contain: the claimant's and defendant's full names and addresses; a concise statement of the claim (for Part 7 claims); the remedy sought; and various formalities. It must be verified by a statement of truth in certain circumstances.

  • Part 7 versus Part 8: Part 7 is used for most claims and provides for the traditional pleadings process (claim form, particulars of claim, defence). Part 8 is used for specialist claims (certain applications, declarations) where there is no dispute of fact.

  • Service Periods: The claim form must be served within six months of issue (or four months if serving out of jurisdiction). Extensions can be granted by the court, but this requires good reason.

  • Methods of Service: Valid service includes personal service, first-class post, leaving at a specified address, document exchange, or email (with consent). Rules vary for service on companies, partnerships and individuals.

  • Deemed Date of Service: First-class post is deemed served on the second business day after posting (CPR r.6.14). Email is deemed served on the day of transmission (unless transmitted after 4.30 p.m., in which case it is deemed served the next business day).

Exam tip

SQE1 frequently tests limitation periods (six years for contract and tort under s.5 and s.2 of the Limitation Act 1980; three years for personal injury under s.11) and the deemed date of service rules in CPR Part 6. These are constant exam traps because they involve precise timing and candidates often confuse the accrual date with the service date. Know your limitation periods cold, and pay close attention to when the clock starts.

How This Appears in SQE1 Questions

SQE1 questions on issuing and serving a claim typically present a scenario with specific dates and ask whether a claim was issued or served in time. The trap often involves miscalculating the limitation period (forgetting to count the accrual date correctly), misapplying the deemed service rules, or confusing the deadline for service of the claim form (six months from issue) with other procedural deadlines. For example: a claimant suffers loss on 1 March 2019; issues a claim on 28 February 2025 (within six years); but serves it on 15 September 2025 (outside six months from issue). The claim form is not validly served without court permission to extend. This is a classic SQE1 trap.

Common Mistakes Students Make

  • Miscounting the limitation period—remember that the period runs from the date of breach or accrual, not from the date the damage was discovered.
  • Forgetting the six-month service period—the claim form must be served within six months of issue (or four months out of jurisdiction), even if the limitation period has not expired.
  • Confusing postal service rules—first-class post is deemed served on the second business day after posting, not the day posted.
  • Misapplying Part 7 versus Part 8—remember that Part 7 is for traditional claims with disputed facts; Part 8 is for specialist applications where facts are not disputed.

Quick Summary

  • Limitation period for breach of contract is six years from the date of breach under the Limitation Act 1980.
  • Limitation period for negligence (tort) is six years from accrual of cause of action.
  • Limitation period for personal injury claims is three years from accrual.
  • Claim forms must be served within six months of issue (or four months out of jurisdiction).
  • First-class post is deemed served on the second business day after posting (CPR r.6.14).

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A consumer brought a claim against a car dealership in the County Court for £8,500, alleging that a second-hand car purchased from the dealership was not of satisfactory quality. The dealership filed a defence denying the claim and asserting that the defects were caused by the consumer's own misuse of the vehicle. Both parties have filed completed directions questionnaires. The claim involves factual disputes about the condition of the car at the time of sale and whether the consumer caused the damage. The consumer's solicitor expects the trial to last no more than one day. Neither party intends to rely on expert evidence. The court is now considering how to allocate the claim to a procedural track. The consumer's solicitor has been asked to confirm the value of the claim and any directions proposals. The court has also indicated that it will consider giving standard directions at the same time as making the allocation decision. The consumer's solicitor notes that the dealership has not responded to requests for voluntary disclosure of the vehicle's pre-sale inspection records.

To which track is the court most likely to allocate this claim?

Question 2

Scenario

A builder completes renovation work on a residential property in March 2019. The work includes structural alterations to load-bearing walls, installation of new drainage, and external rendering. The homeowner pays the final invoice in full in April 2019 and the builder provides a written six-year guarantee for structural defects. In January 2022, the homeowner notices significant cracking in a load-bearing wall that was part of the renovation. She obtains a surveyor's report in February 2022 which confirms the cracking is due to substandard work by the builder. The surveyor estimates the cost of remedial work at approximately £45,000. The homeowner telephones the builder to complain in March 2022, and he promises to return to inspect the property. The builder fails to attend on three separate occasions over the following weeks. In June 2022, the homeowner instructs solicitors. The solicitors send a letter before action in July 2022 and receive no response. The homeowner's solicitors now wish to issue proceedings. The homeowner mentions that the builder recently won a local business award for his renovation work.

What is the latest date by which the homeowner must issue proceedings to avoid the claim becoming statute-barred?

Question 3

Scenario

A technology consultancy issues proceedings against a client for unpaid fees of £75,000. The particulars of claim set out the terms of the consultancy agreement, the work performed, and the invoices rendered. The consultancy's case is that the client accepted the work without objection and failed to pay within the contractual payment terms. The client files a defence denying that the work was completed satisfactorily and counterclaims for £40,000 in damages for alleged negligent advice. The defence is detailed and raises specific technical objections to the quality of the consultancy's work. The consultancy wishes to amend its particulars of claim to include an additional claim for £30,000 relating to a separate phase of work that was also unpaid. The consultancy's solicitors discover this additional claim when reviewing the file six months after proceedings were issued. The limitation period for the additional claim has not expired. The defendant has not yet filed a reply to the counterclaim. The consultancy's solicitor served the original proceedings personally on the client at the client's registered office. The consultancy's managing director has recently been invited to speak at an industry conference. The solicitors now seek to amend the particulars of claim to add the new claim.

What is the procedure for the consultancy to amend its particulars of claim at this stage of proceedings?

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