2.1 Service Flashcards
Which part of the CPR deals with service?
Part 6 (service of documents) and Part 7 (starting proceedings)
Who serves the claim form?
CPR 6.4(1)
The court will serve the claim form except where –
(a)
a rule or practice direction provides that the claimant must serve it;
(b)
the claimant notifies the court that the claimant wishes to serve it; or
(c)
the court orders or directs otherwise.
[In practice, (b) will be the claimant’s solicitor.]
What happens when the court serves the claim form?
CPR 17(1)
Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.
CPR 6.18(1)
Where –
(a)
the court serves the claim form by post; and
(b)
the claim form is returned to the court,
the court will send notification to the claimant that the claim form has been returned.
What happens when the claimant’s solicitor serves the claim form?
CPR 6.17(2)
Where the claimant serves the claim form, the claimant –
(a)
must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and
(b)
may not obtain judgment in default under Part 12 unless a certificate of service has been filed.
How should service of the claim form be effected?
CPR 6.3(1)
A claim form may be served by any of the following methods –
(a)
personal service in accordance with rule 6.5;
(b)
first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
(c)
leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
(d)
fax or other means of electronic communication in accordance with Practice Direction 6A; or
(e)
any method authorised by the court under rule 6.15.
What does personal service of the claim form entail?
CPR 6.5
Personal service means physically leaving the claim form with a defendant who is an individual, or an appropriate person in the case of a company or similar legal entity.
What are the advantages of personal service?
C does not need to know the address of D.
When is electronic service permitted?
CPR 6.3; 6A PD 4.1
[Service by fax / email is only permitted if the defendant / its solicitor has indicated it will accept service by fax / electronically.]
What if the contract between C and D specifies a method of service?
CPR 6.11
[The safer interpretation may be that the party serving under a contractual provision must look to fulfill the terms of the contract in order to prove valid and effective service. See Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 interpreting CPR 6.11 which says that the claim form “may” be served on D by the method specified in the contract.]
Where must the claim form be served?
Service must be within the jurisdiction.
CPR 6.6
[The starting point is the defendant’s address.]
CPR 6.7
[If the defendant gives in writing a solicitor’s address, or solicitor does the same, service must be to the solicitor’s address.]
CPR 6.8
[The defendant might have supplied a different address where they reside or carry on business to use for service.]
What if C does not have or cannot rely on D’s address and D has not given an alternative address for service?
CPR 6.9
1.
[Take reasonable steps to find the address.
2.
[A table gives alternative sites to serve.
4.
[Where C has reason to believe that D no longer resides or carries on business at its address, and has taken reasonable steps to find D’s address…
5.
[Make an application under CPR 6.15 for service of the claim form by an alternative method or at an alternative place.]
CPR 6.15(2)
The court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
Which provision sets out the methods of service and their required steps with regard to the claim form?
CPR 7.5
What is the deadline / “period of validity” for serving the claim form after it has been issued?
CPR 7.5 (1) Four months in the jurisdiction (2) Six months outside the jurisdiction [Also sets out methods of service and steps required.]
What if the period of validity (deadline for serving claim form) cannot be met?
CPR 7.6
(1)
The claimant may apply for an order extending the period for compliance with rule 7.5.
(2)
The general rule is that an application to extend the time for compliance with rule 7.5 must be made –
(a)
within the period specified by rule 7.5; or
(3)
… the court may make such an order only if –
(a)
the court has failed to serve the claim form; or
(b)
the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
(c)
in either case, the claimant has acted promptly in making the application.
Cecil v Bayat [2011] EWCA Civ 135
An extension may only be made where there is a good reason, which will generally be a difficulty effecting service.
When must the particulars of claim be served?
CPR 7.4(2)
Particulars of claim must –
(a)
be contained in or served with the claim form; or
(b)
subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2)
Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.
