6. Service of Proceedings

Question 1

Why is service of a claim a critical step?

Answer 1

Because it triggers the defendant’s obligation to respond

Question 2

Within how long of issue must a sealed claim form be served on the defendant where they are (1) within the UK and (2) outside the UK, and what is this period known as?

Answer 2

The CPR imposes strict rules around time limits for service of a sealed claim form:

• In the UK: Four months
• Outside the UK: Six months

It is known as the claim form validity period.

Question 3

If a claimant wishes to apply to have the claim form validity period extended, within what time period must the application be made, and only in what circumstances will the court grant it?

Answer 3

Application must be made within the original validity period, and the court will only grant in exceptional circumstances

Question 4

Where a claimant’s solicitor as opposed to the court will serve proceedings, what must the claimant ensure is enclosed, otherwise the court won’t deem service effective?

Answer 4

The response pack

Question 5

On whom must proceedings be served where the defendant has nominated solicitors to accept service (1) where defendant is an individual, and (2) where defendant is a company?

Answer 5

Individual: Must be served on solicitors, otherwise ineffective
Company: Solicitors, or also may be delivered or posted to the company’s registered address

Question 6

In the case of personal service to a company, who can accept service?

Answer 6

Any person holding a senior position example, Chairman, Chief Executive Officcer, Managing Director, or company director).

Question 7

In the case of personal service to a partnership being sued in the firm name, who can accept service?

Answer 7

A partner, or any person who had control or management of the partnership business at its principal place of business at the time of service

Question 8

Does the person being personally served have to take hold of or retain the papers?

Answer 8

No, as long as the process server has explained the general nature of the documents

Question 9

What are the three requirements for service to be sent by fax?

Answer 9

1. Express consent, even if already communicating by fax
2. Party has given a fax number to be contacted on
3. Fax number is within the jurisdiction

Question 10

What will satisfy the requirement that a party must give a fax number to be contacted on?

Answer 10

A fax number on the firm’s writing paper, unless an express indication to the contrary is given

Question 11

Is consent to receive service by fax still required even if the parties had been communicating via fax?

Answer 11

Yes

Question 12

What are the three requirements for service to be sent by DX?

Answer 12

1. Party’s address for service contains a DX number
2. DX number is on the party’s writing paper
3. No express indication that service by DX is not acceptance

Question 13

What are the two requirements for service to be sent by email?

Answer 13

1. Express consent, even if already communicating by email
2. Party has given an email address to be contacted on

Question 14

Is consent to receive service by email still required if an email address is on the firm’s paper or the parties have communicated via email?

Answer 14

Yes

Question 15

What is the step required to effectuate service in the case of (1) personal service, (2) post or DX, (3) fax, or (4) other electronic method?

Answer 15

Question 16

When is the claim form deemed to be served, and does this depend on the method used?

Answer 16

Irrespective of method used, the claim form is deemed served on the second business day after the step required to effectuate service.

Question 17

As an aside, what is a business day per the Civil Procedure Rules?

Answer 17

Any day other than Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day

Question 18

What should a claimant do if they believe a defendant no longer lives at an address?

Answer 18

Take reasonable steps and make reasonable enquiries to ascertain the defendant’s current address

Question 19

If the claimant cannot ascertain the defendant’s address after taking reasonable steps and making reasonable enquiries, what can they do?

Answer 19

Serve on the defendant’s last known address

Question 20

If a defendant wishes to argue that service of proceedings was invalid, where do they indicate this and within what time period must they make an application?

Answer 20

Indicate on acknowledgement of service, within 14 days.

Question 21

If the claimant’s solicitor is serving proceedings, within what time period must they file a certificate of service?

Answer 21

21 days

Question 22

What must a claimant show to the court to be granted an order to permit service by alternate means or in an alternative place?

Answer 22

Good reason for the order

Question 23

Can an order to permit service by alternate means or in an alternative place be made retrospectively, and may the court deem steps already taken to be good service?

Answer 23

Yes

Question 24

Even though the Particulars of Claim must be served with 14 days of service of the claim form, what must happen if this 14-day period would take the claimant beyond the validity period, i.e. four/six months from issue depending on where defendant is?

Answer 24

The Particulars of Claim must be served within the validity period. Otherwise service is deemed ineffective!!

Question 25

What are typical examples of ineffective service to look out for in the exam?

Answer 25

Examples of potentially inadequate service include the following:
* Only a photocopy of the claim form was served,
not an original sealed copy;
* Service was delivered by fax or email without permission being obtained;
* Service was out of time;
* Service was on the wrong person, for example, on someone other than the defendant’s nominated solicitor; or
Service was delivered at the wrong address and
insuffcient attempts have been made to locate the defendant.