1.4 Service of Process

Question 1

What is required for commencing proceedings?

Answer 1

1) Claimant’s form => Court
- Form N1
- Form N1 (CC) (if claim issued in Commercial Court)

2) Particulars of claim
- Contained in/Served with Claimant’s form
- Within 14 days

Otherwise if wrong form used;

• Unlikely struck out
• Costs sanctions

Question 2

What is Claimant required to send to Defendant after the court issues the claim form to the Claimant?

Answer 2

1) Claim Form + Particulars + Response Pack
- Particulars (with Claim Form/within 14 days after Claim Form)
- If NO response pack => Strike out

2) Schedule of Details w/ Particulars
- Past + future expenses
- Losses

3) Personal injury claim + C relies on practitioner’s evidence > Medical practitioner’s personal injuries w/ Particulars

4) Claim based on written agreement => Copy of contract/docs constituting agreement w Particulars
- Original to be available at hearing

5) Specific claims
- Personal injury => Medical report, Schedule of Expenses and Losses w Particulars
- Contract breach => Contract, Agreements w Particulars

6) Court rules => Required steps

Question 3

How can claims be made against multiple parties?

Answer 3

Same claim form

Same action > Different claims

Any no. parties > Joinder

Same legal reps > Joinder

Consolidate/Separate trials

Question 4

How may children/protected parties be represented?

Answer 4

By Litigation Friends
- UNLESS court thinks otherwise

Litigation Friend appointed by Court of Protection/Application (CPR Procedure)

Litigation Friend to pay costs => Children

Children > Pay max. 25% recovery of reasonable expenses + money paid from Children (claim =< £5,000 - Court’s discretion) => Litigation Friend

If Child turns 18 => Terminates Litigation Friend’s appointment

Child to give notice to Parties

• Termination of appointment
• Address of service
• Intent to continue within 28 days of termination

Question 5

How may parties be changed?

Answer 5

Party’s name mistaken => Substitute name (even after limitation period)

Party’s identity mistaken => Re-issue proceedings
- UNLESS time-barred => Serious issue

Party’s death/bankruptcy > Liability/Interest passes to subsequent party => Subsequent party acts as substitute

Party’s lack of identification => Court will ask for permission to be sufficiently described + as defendant

Road Traffic Accident (RTA) claims => Issue proceedings vs Driver + Vehicle Insurer

Question 6

How should the claim form be served within the jurisdiction?

Answer 6

1) 4 months after claim form issuance > Before 12am midnight on calendar day

2) Methods
- 1st class post/DX/other > Delivery on next business day/Posting or leave with or deliver to or collect by relevant service provider
- Deliver doc to/leave at relevant place
- Personal service (Rule 6.5)
- Fax transmission
- E-method > Email/Other electronic transmission

Question 7

How should the claim form be served outside the jurisdiction?

Answer 7

1) C’s claim form > D
- Within 6 months of issuance (C can apply to extend)

2) C’s notice > D
- Statement of grounds => C entitled to serve claim form outside of jx

3) Court permission required?

Yes => C must show;

• At least 1/21 grounds (CPR)
• C believes claim has reasonable prospect of success
• D’s address > Where D is/likely to be found

No

• Serving D in Scotland/NI where court has jx to determine claim
• Serving D outside E+W

Question 8

What are the different methods of service?

Answer 8

Personal service

• Individual
• Partner/Person w control/Pship mgmt business at PPB at time of service
• ‘Person holding senior position’ within Co/Corp

1st class post/DX/other service
- Place doc > Post box
- Leave doc/Deliver doc > Relevant service provider (RSP) > RSP collects document
=> Provide delivery on next business day

Leave at CPR specified place

• D’s lawyer’s place of business
• Address given by D
• ‘Default’ address
• D notified C => Solicitor’s address/Address for service (otherwise)
• D NOT notified C > Individual (usual/last known residence; principal/last known place of business)
• LLP (principal office/any place of business)
• Co > E&W/NOT E&W > Principle office/Place within jx w real connection

Fax/Other e-means
- Receiver’s consent (express > in writing by receiving party/lawyer; implied > statement of case filed w court/email or fax no. stated on letter sent by solicitor for receiving party)

Methods authorised by court

Question 9

When is date of service deemed?

Answer 9

Claim form served within UK > 2nd business day after completing relevant ‘step required’

Claim form served outside UK > Depends on method of service

Other docs (depends on CPR 6.26)

Question 10

How may a party apply for service by alternate means?

Answer 10

1) Court order
- Good reason required (C took reasonable steps/D was aware of claim from contents)

2) Dispense with service
- Explanation for late service
- Criticism for C’s method of conducting proceedings
- Prejudice to D

Question 11

How may a party extend time for service?

Answer 11

1) Within 4 month period for compliance
- Application for extension

2) Court may make order
- Court NOT serve claim form
- C took all reasonable steps, but could not comply w Rule 7.5
- C promptly made application