8.6 Service Of Proceedings

Question 1

Service of a claim form to a solicitor is valid when

Answer 1

They have expressly accepted authority

Question 2

A claim form served within the jurisdiction is always deemed to be served on the

Answer 2

Second business day after sending the form to be served

Question 3

The deemed date of service for document sent by post (other than a claim form) is the

Answer 3

Second day after posting (on a business day)
If the day is not a business day, the deemed date of delivery is the next business day

Question 4

Claim form within our jurisdiction must be served in

Answer 4

12:00 midnight on the date falling 4 months from the date of issue

Question 5

Claim form outside of jurisdiction must be served within

Answer 5

6 months

Question 6

Service of a claim form outside of jurisdiction will follow the

Answer 6

Hague Service Convention (provided the country is a member)

Question 7

The procedure involved with The Hague Convention is

Answer 7

Service via the Foreign Process Section at the Royal Courts of Justice and the designated central authority in the country where the claim form is being served

Question 8

A claim form cannot be served by email without

Answer 8

Express consent from the defendant or their solicitor

Question 9

If the service of a claim form proves difficult, a claimant can apply to the court for permission to

Answer 9

Extend the limitation period of service
Serve by an alternative method
Dispense with service of the claim form

In this case an application should be made promptly and they will need to provide evidence of how they have attempted to serve the claim form to the defendant

Question 10

If the particular of claims is not provided at the same time as the claim form - what is the deadline to serve the PoC

Answer 10

Particulars of claim must be served within 14 days of the claim form

Question 11

Claim forms within the jurisdiction are always deemed to be served

Answer 11

On the second business day after completion of sending the form

Question 12

Companies can be served a claim form in line with the Companies Act

Answer 12

By leaving the claim form or posting it to the company’s registered office

Question 13

The claimant must take

Answer 13

All reasonable steps / consider all options to serve the claim form to the defendant even if they are based overseas

Question 14

Why is it advisable to engage a process server when the personal service is the preferred method of service for a claim form

Answer 14

Cost effective and can provide a professional report in the form of a witness statement which could assist if the validity of the delivery of the claim form is being questioned

Question 15

Service of the claim form at courts apart from the high court is usually taken by

Answer 15

The court by sending the claim form by first class post

Question 16

Claims issued at the high court, service of the claim form is the responsibility of the ….

Answer 16

Claimant