Commencing Proceedings

Question 1

Who issues a claim form?

Answer 1

The court

Question 2

How long do you have to serve a claim form?

Answer 2

4 months

Question 3

Can a claim be served by post?

Answer 3

Only by first class or DX

Question 4

Can you serve by fax?

Answer 4

Only if recipient expressly confirmed that they are happy to accept service by fax or email

Question 5

What if solicitor accepts service?

Answer 5

Claim form should be sent to their principal or last known place of business if a partnership or registered office if a co

Question 6

When must the particulars of claim be served?

Answer 6

With claim form or within 14 days of claim form (providing that does not fall outside of 4 month window).

Question 7

When is the claim form deemed served?

Answer 7

The second business day after the relevant step has taken place.

Question 8

When are other statements of case deemed served?

Answer 8

• If served by personal service, fax, email or delivering the document to an address - if before 4:30pm on a business day, it will be deemed served that day. If after 4:30pm on a business day or a non business day, the next business day.
• Service by first class post or DX - second day after it was posted, providing it is a business day, otherwise the next business day.

Question 9

What is the criteria that an applicant needs to meet to add a new party to proceedings inside the limitation period?

Answer 9

• Is it desirable to add the new party so that the court can resolve all the matters in the dispute in the proceedings; or
• there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings and it is desirable to add the new party so that the court can resolve the issue

Question 10

What is the criteria to meet for an application to add a new party outside the limitation period?

Answer 10

• the new party is to be substituted for a party who was named in the claim form in mistake for the new party;
• the claim cannot properly be carried on or against the original party unless the new party is added or substituted as C or D;
• the original party has died or had a bankruptcy order made against them.

Question 11

Can a statement of case be amended

Answer 11

• if the document has not been served on the other party then permission of the court is not required;
• if the document has been served, the party making the application to amend will either need:
  The written consent of all parties to amend the document
  Permission of the court

Question 12

How long does a C have to serve a claim form outside of the jurisdiction?

Answer 12

Six months

Question 13

Do you need permission to serve outside of the jurisdiction?

Answer 13

• for service in the EU - if claim was issued after 1 January 2021 then permission of the court will be needed
• permission has to be sought for service outside of EU