6. Service of Proceedings Flashcards
Why is service of a claim a critical step?
Because it triggers the defendant’s obligation to respond
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?
What is this period known as?
In the UK: Four months
Outside the UK: Six months
It is known as the claim form validity period
If a claimant wishes to apply to have the claim form validity period extended, within what time period must the application be made?
Only in what circumstances will the court grant it?
Application must be made within the original validity period
Exceptional circumstances
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?
The response pack
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?
Individual: Must be served on solicitors, otherwise ineffective
Company: Solicitors, or also may be delivered or posted to the company’s registered address
In the case of personal service to a company, who can accept service?
Any person holding a senior position
In the case of personal service to a partnership being sued in the firm name, who can accept service?
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
Does the person being personally served have to take hold of or retain the papers?
No, as long as the process server has explained the general nature of the documents
What are the three requirements for service to be sent by fax?
- Express consent, even if already communicating by fax
- Party has given a fax number to be contacted on
- Fax number is within the jurisdiction
What will satisfy the requirement that a party must give a fax number to be contacted on?
A fax number on the firm’s writing paper, unless an express indication to the contrary is given
Is consent to receive service by fax still required even if the parties had been communicating via fax?
Yes
What are the three requirements for service to be sent by DX?
- Party’s address for service contains a DX number
- DX number is on the party’s writing paper
- No express indication that service by DX is not acceptable
What are the two requirements for service to be sent by email?
- Express consent, even if already communicating by email
- Party has given an email address to be contacted on
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?
Yes
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?
- Personal service: leave claim form with person
- Post or DX: post, or leave with service provider
- Fax: complete fax transmission
- Other electronic method: send email or transmission
When is the claim form deemed to be served, and does this depend on the method used?
Irrespective of method used, the claim form is deemed served on the second business day after the step required to effectuate service
As an aside, what is a business day per the Civil Procedure Rules?
Any day other than Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day
What should a claimant do if they believe a defendant no longer lives at an address?
Take reasonable steps and make reasonable enquiries to ascertain the defendant’s current address
If the claimant cannot ascertain the defendant’s address after taking reasonable steps and making reasonable enquiries, what can they do?
Serve on the defendant’s last known address
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?
Indicate on acknowledgement of service, and make an application to set aside service within 14 days.
If the claimant’s solicitor is serving proceedings, within what time period must they file a certificate of service?
21 days
What must a claimant show to the court to be granted an order to permit service by alternate means or in an alternative place?
Good reason for the order
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?
Yes
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?
The Particulars of Claim must be served within the validity period
