Dispute Resolution - Service of Proceedings Flashcards
Time Limits for Service
Within E&W: within 4 months of date of issue
Outside E&W: within 6 months of date of issue
Can be extended if there is good reason, any application for extension should be made within this time period
Who can serve?
Solicitor or court
Court will serve unless asked specifically not to
What should be served?
Claim form and particulars of claim (if provided)
Medical reports
Schedule of past and future loss and expenses
Notice of funding
Litigation friend certificate of suitability
Court will serve a response pack
Methods of Service
Service on nominated solicitors - if defendant has nominated solicitors for service personal service will not be valid
- Exception: service at a company’s registered office
Personal service:
- Individual: leave proceedings with person being served
- Company: someone in a senior position
- Partnership: partner or someone who has control or management of the partnership business
- Does require person being served to take hold of papers but if they hand them back or throw them on the ground this is good service
Fax:
- Must indicate in writng that willing to accept service by fax
- Party must give fax number
- Fax number must be in the jurisdiction
Document Exchange (DX)
Email: there must be express consent to such service and the party has given the email address to which parties should transmit documents
Serving defendant whose whereabouts unknown
Take reasonable steps and make reasonable enquiries to ascertain D’s current address - otherwise, safe to serve at D’s last known address
Might be prudent to make an application for service by an alternative method
When is claim form deemed to be served?
Indisputable presumption that claim form was served on the second business day after the relevant step required for service has occurred
Does not apply to documents other than a claim form
Service by Alternative Method
Claimant needs to apply to court
Court can make this order retrospectively after service has taken place by an alternative method
Whatever the court deems suitable in its discretion (e.g. service by email even where express consent has not been given)
Failure of good service was by some understandable or reasonable misunderstanding
Service of Particulars of Claim
If not served with claim form it must be served within 14 days of service of claim form
If not served within 14 days the claimant is out of time
If 14 days would take C past 4 months from the issue of the claim form then they must ensure that they serve the Particulars of Claim within four months to be in time
Application for invalid service
Must be indicated on acknowledgement of service and application must be made within 14 days
