CPR 6 and 7 - Claim Form and Other Docs Flashcards
CPR 6.3 - Methods of Service for CF
1st class post, DX, delivering to specific place, personal service, fax, email.
CPR 6.4 - Who is to serve CF?
Court will serve CF unless rule or PD stipulates otherwise OR C notifies courts of its intention to do so OR court directs otherwise.
If Court serves - they will choose method.
CPR 6.5 - Personal Service of CF
If rule or PD states use of PS, must be served by PS.
Cannot use PS on Sols or in proceedings re Crown.
Individual - Handing to individual
Company/Corporation - Serving on senior member of staff
Partnership - Serving on partner or someone with control/management of partnership business
CPR 6.6 - Where to serve generally (CF)
C must provide an address for D in the CF. Must also include postcode.
CPR 6.7 - Service on Sol in UK (CF)
If D provides in writing a business address for sols OR sols confirm to C in writing they are instructed to accept service
CPR 6.8 - Service where D provides and address (CF)
If D provides an address - of residence or where they carry out business for purposes of service - can be used. Within UK or EEA state.
CPR 6.9 - Service where no address for D (CF)
Individual - Last known address
Individual being sued in name of business - Last known address (Residence or business)
Company/Corp/Partnership - Principal office or place of business w/ real connection to claim
CPR 6.11 - Service of CF by contractually agreed method
Can be done if contractual clause states method/place.
CPR 6.14 - Deemed service (CF)
Deemed service is 2 business days after step taken
CPR 6.15 - Service by alternative method or place
Can be done but must be good reasons for doing so:
Good reasons can be showing C’s efforts to bring CF to D’s attention.
App must be supported with evidence and can be made w.o notice.
CPR 6.20 - Methods of Service (Other Docs)
1st class post, DX, Fax, Email, Delivering to place/person, personal service
CPR 6.21 - Who is to serve (Other Docs)?
Party who created doc will serve it unless rule/PD says otherwise.
Court will serve docs they created unless rule/PD states otherwise or party informs court of intention to do so.
CPR 6.22 - Personal service (Other docs)
If PS stipulated by rule/PD, must be used.
CPR 6.25 - Service on children or protected parties (Others Docs)
App for litigation friend must be served on CH or PP unless court orders otherwise.
All other docs to litigation friend.
Court can order docs be sent to CH and PP.
CPR 6.26 - Deemed service (other docs)
1st class post/DX - 2nd day after step taken if B day, if not, next B day.
Fax, email, specific place, PS - before 4.30 on business day, if not, next business day
CPR 6.27 - Service by alt method/place (other docs)
6.15 applies.
CPR 7.2 - How to start proceedings
Proceedings are started when court issues CF on C’s request. Issued on date entered by court on form.
CPR 7.3 - 1 CF for more than 1 proceedings?
C can use 1 CF for multiple proceedings if they can be conveniently disposed of in the same proceedings
CPR 7.4 - Particulars of Claim - Timings
Must be served in or with CF. If being served after CF, must be within 14 days.
PoC must be served on D no later than the latest time for serving CF
CPR 7.5 - Service of a claim form - Timings
Latest date - before 12.00 midnight on calendar day 4 months after issue of CF.
CPR 7.6 - Extension of time for serving CF
Extension should be sought within time frame of 7.5
If it isn’t court can only issue extension if court failed to issue CF; C took all reasonable steps to comply with 7.5 and in either case, C issued app promptly.
