Commencing Proceedings (P7 +P 8) Flashcards
Methods of service:
- 3:
- Personal service
- First-class post, document exchange
- Leaving it in a specified place
- Fax or other means of electronic communication
Who is to serve the claim form?
6.4:
The court unless the C notifies the court that C wishes to serve
Where to serve claim form?
6.6:
C must provide an address
Deemed Service Definiton:
6.14:
A claim form is deemed served on the second business day after the completion of the relevant step
Service of claim form where D does not give an address:
6.9:
Individual - usual or last known address
Individual being sued in name of business - usual or last known residence or last known place of business
Limited Liability Partnership: Principal office of partnership or any place of business
Company is the same
Deemed Service:
6.26: First-class post - second day after it was posted provided that day is a BD if not, next BD after that
Document exchange - “ “
Delivering document to /leaving it at a permitted address - If on a BD before 4:30, that day otherwise next BD
Fax, Electronic method, Personal service - “ “
How to start proceedings:
- 2:
- Proceedings are started when the court issues a claim form at the request of the claimant
Particulars of Claim:
7.4:
must be contained in or served with the claim form
OR
served on D within 14 days of service of the claim form
Types of claim in which Part 8 procedure may be followed:
- Seeks courts decision on a question which is unlikely to involve a substantial dispute of fact
Part 8 Claims:
- If D does not file acknowledgement of service, may attend the hearing but may not take part unless permission of the court is given
- C must file any written evidence on which he intends to rely on with his claim form , must serve on D
- D must serve any written evidence with AoS and file on C
- Written evidence not filed in this way may not be relied upon at the hearing
