4: Commencing Proceedings Flashcards
PoC MUST be served
within 14 days after service of CF + within period of validity of CF.
PoC MUST be served within 14 days after service of CF + within period of validity of CF. FAILURE:
app for relief from sanctions.
PoC must:
- Be contained in CF; or
- Served on D within 14 days after service of CF.
Where C serves PoC, unless copy already been filed, C must file
within 7 days.
County Court claims where the only remedy sought is an amount of money, whether specified or unspecified, are started by
sending the claim form for issue to the County Court Money Claims Centre in Salford
Period for serving CF
The period of validity of a claim form is:
- WITHIN JURISDICTION
- OUTSIDE JURISDICTION
- 4 months if it is served within the jurisdiction
- 6 months if it is served outside the jurisdiction
If SERVICE IS within the jurisdiction = C MUST
complete step required before 12am four months AFTER DATE OF ISSUE. (This means four months and a day).
Who should serve?
County Court claims
- are usually served by the court.
Usually by first class post
Documents to be served:
- CF sealed by court;
- PoC;
- In PI claims:
- Medical report
- Schedule of past + future loss + expenses
- Response pack
- A/S
- Admission
- Defence
- Counterclaim
METHODS OF SERVICE
CLAIM FORM
Permissible methods of service:
Personal service
(ii) 1st class post, NOT second class..
(iii) Mail transmission service providing for next day delivery
(iv) Document Exchange (DX)
(v) Leaving documents at the other side’s address
(vi) Fax
(vii) Other electronic systems
(viii) In accordance with contract
Service effected by taking the step required by chosen method of service.
Method of service
First class post, document exchange or other service which provides for delivery on the next business day
Step required
Posting, leaving with, delivering to or collection by the relevant service provider
- Method of service*
- Step required*
Delivery of the document to or leaving it at the relevant place
Delivering to or leaving the document at the relevant place
- Method of service*
- Step required*
Personal service under rule 6.5
Completing the relevant step required by rule 6.5(3)
Personal Service =
Personal service on a person.
Postal Service = Permissible to post CF either:
- By ordinary first class post – 2nd not good enough;
- Any other postal delivery service that provides for next day.
Letter MUST include full postcode.
Service by document exchange (DX) = May ONLY be used where –
- Address includes numbered box at a DX; or
- The writing paper of the party who is to be served or of the solicitor sets out a DX box number; and
- Party/solicitor has not indicting in writing that they are not unwilling to accept service by DX.
Service by fax or electronic means
Where doc to be served by fax or electronic means =
- The party/solicitor who is to be served MUST have previously indicated in writing to party serving-
- Party/solicitor to be served is willing to accept service by fax or other electronic means; and
- The fax number, e-mail address or electronic identification to which it must be sent; and
Sufficient written indications –
- Fax number set out on writing paper of the solicitor.
- An email address set out on writing paper of the solicitor acting for party to be served but only where stated that the email address MAY be used; or
- A fax number, email address or electronic identification set out on statement of case or response to a claim filed.
What is: Sufficient written indications –?
- Fax number set out on writing paper of the solicitor.
- An email address set out on writing paper of the solicitor acting for party to be served but only where stated that the email address MAY be used; or
- A fax number, email address or electronic identification set out on statement of case or response to a claim filed.
This occurs also to emails. Also with emails: Where party intends to serve by email that party must ask whether there are any limitations to the recipient’s agreement to accept service. The party serving the doc need not in addition send or deliver a hard copy.
Example of not “giving” solicitors address?
EXAMPLE: purported service on D by faxing CF to D’s solicitor didn’t comply with CPR where D’s solicitor (using letterhead including fax number) entered into correspondence. This was not the same as “giving” the solicitor’s address.
A solicitor is “acting for” D when
D has given written notification his address for service is that of solicitor or solicitor notified C of this. Solicitor engaging in correspondence NOT sufficient.
Is it sufficient to include fax number on letter head?
For Fax = NOT sufficient to include fax number on litigant’s letter head.
SERVICE HIERARCHY
C MUST use highest level that applies:
WHAT IS THIS?
- Personal service on D where required.
- At D’s solicitor’s address. Required if –
- D gives C a solicitor’s address for service; or
- D’s solicitor notifies C in writing he is instructed by D to accept service.
-
Address D gave C for purposes of serving proceedings – address must be:
- Where D resides or carries on business; and
- Within UK or EEA state
- At D’s usual or last known home or business address
- Nature of defendant to be served*
- Place of service*
1. Individual
Usual or last known residence.
- Nature of defendant to be served*
- Place of service*
2. Individual being sued in the name of a business
Usual or last known residence of the individual; or
principal or last known place of business.
- Nature of defendant to be served*
- Place of service*
3. Individual being sued in the business name of a partnership
Usual or last known residence of the individual; or
principal or last known place of business of the partnership.
- Nature of defendant to be served*
- Place of service*
4. Limited liability partnership
Principal office of the partnership; or
any place of business of the partnership within the jurisdiction which has a real connection with the claim.
- Nature of defendant to be served*
- Place of service*
5. Corporation (other than a company) incorporated in England and Wales
Principal office of the corporation; or
any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
- Nature of defendant to be served*
- Place of service*
6. Company registered in England and Wales
Principal office of the company; or
any place of business of the company within the jurisdiction which has a real connection with the claim.