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

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

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

How is the claim form usually served?

Answer 9

Either by the court (usually 1st class post) / by the claimant/ by the claimant’s solicitor

Question 10

Where the claim form is served by the claimant, what must be filed at court and when?

Answer 10

Claimant’s solicitor must file a certificate of service at court within 21 days of service (unless all defendants have filed an acknowledgement of service within that time)

Question 11

What are the permissible methods of serving the claim form?

Answer 11

Methods of serving the claim form: personally, leaving it in specified place, 1st class post, DX

If expressly confirmed - fax, electronically

Question 12

What is a key point to note about the deemed date of service for the claim form?

Answer 12

2 business days after the relevant step is taken (ie. posting it).

• Business days means you need to consider whether the relevant step’ was taken before 4:30 pm or not, and account for weekends.

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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 acceptable

Question 15

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

Answer 15

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

Question 16

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 16

1. Personal service: leave claim form with person
2. Post or DX: post, or leave with service provider
3. Fax: complete fax transmission
4. Other electronic method: send email or transmission

Question 17

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

Answer 17

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

Question 18

What is the clear day per the Civil Procedure Rules?

Answer 18

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

Question 19

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

Answer 19

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

Question 20

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

Answer 20

Serve on the defendant’s last known address

Question 21

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 21

Indicate on acknowledgement of service, within 14 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 (other methods ineffective or impossible) on application to court

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 if there is good reason

Question 24

When will the court grant an order to dispense with service?

Answer 24

Normally only if other side is already aware of the claim.

Question 25

Even though the Particulars of Claim must be served within 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 25

The Particulars of Claim must be served within the validity period

Question 26

Is permission needed to serve a claim form outside the jurisdiction?

Answer 26

No, it is not necessary to seek the court’s permission to serve proceedings out of the jurisdiction if the Courts of England and Wales have jurisdiction because:

a. the Hague Convention on Choice of Court Agreements gives the court jurisdiction; or

b. a contract contains a term giving court jurisdiction

Permission of the court will be required to effect service in other circumstances (i.e., common law gives jurisdiction).

Question 27

What is the procedure for serving a claim form abroad without permission?

Answer 27

Claimant must file Form N510 when it issues and files its claim form. This essentially confirms to the court the basis upon which it has jurisdiction over a foreign-domiciled defendant in circumstances where the court’s permission has not been sought to serve the claim form abroad.

Question 28

What is the procedure for filing a claim form abroad with permission?

Answer 28

the claimant will have to make an application to court using the usual application notice in Form N244.

Question 29

What is the method for service outside the jurisdiction?

Answer 29

Number of possible methods to choose form including:

1) Service through the government of the destination country (if that government is willing to do this).

2) Service by any method permitted by the law of the destination country.

Question 30

What are the relevant steps for service?

Answer 30

1st Class post or DX: the ‘relevant step’ is posting the claim form, leaving in the relevant place or collection.

Delivery: delivering or leaving doc at relevant place

Personal service: by leaving it with the individual, director of company, or partner in partnership at the time.

Fax: completing transmission of fax

Email: sending the email

Question 31

How should an application to extend deadline to serve claim form be made?

Answer 31

Application should be made within the four month period of validity of the claim form, and the claimant will need to show good reasons for the extension.

After the deadline court will grant an extension only if:
1) Court failed to serve the claim form; or
2) Claimant has taken all reasonable steps to comply; and
3) Both cases - applied promptly.