DR 6 Flashcards
Within how long of issue must a sealed claim form be served on the defendant where they are (1) within the UK and (2) outside the UK, and what is this period known as?
In the UK: Four monthsOutside the UK: Six monthsIt is known as the claim form validity period. It must be served before midnight on the calendar day four/six months after its date of issue
If a claimant wishes to apply to have the claim form validity period extended, within what time period must the application be made, and only in what circumstances will the court grant it?
Application must be made within the original validity period, and the court will only grant in exceptional circumstances
If a claimant wishes to serve a claim form outside the jurisdiction (except for Scotland and NI), what is required?
Court permission
How will the court serve the claim form?
By first class post. They will only serve if specifically requested to do so by the claimant.Service must include:* Claim Form* Notice of Funding * Defendant’s Respose Pack
Where a claimant’s solicitor as opposed to the court will serve proceedings, what must the claimant ensure is enclosed, otherwise the court won’t deem service effective?
All relevant documents including:* Claim Form* Notice of Funding * Defendant’s Respose Pack
On whom must proceedings be served where the defendant has nominated solicitors to accept service (1) where defendant is an individual, and (2) where defendant is a company?
- Individual: Must be served on solicitors, otherwise ineffective* Company: Solicitors, or also may be delivered or posted to the company’s registered address
Where the defendant is an individual and does not have nominated solicitors, how are they served?
By leaving proceedings with the individual. The basic position is that they must take hold of the papers.* If the server has explained the general nature of the documents, it is good service even if they throw them on the ground/hand them back.* If they refuse the papers entirely there is case law to show that if you leave the papers near the defendant and explain the nature of the document this would still be valid service. In practice the server would get evidence too (photos perhaps).
In the case of personal service to a company, who can accept service?
Any person holding a senior position e.g. Chairman, CEO, Managing Director, Company director
In the case of personal service to a partnership being sued in the firm name, who can accept service?
- A partner, or * Any person who had control or management of the partnership business at its principal place of business at the time of service
What are the three requirements for service to be sent by fax?
- Express consent in writing 2. Party has given a fax number to be contacted on3. Fax number is within the jurisdiction
What will satisfy the requirement that a party must give a fax number to be contacted on?
A fax number on the firm’s writing paper, unless an express indication to the contrary is given
Is consent to receive service by fax still required even if the parties had been communicating via fax?
Yes
What are the three requirements for service to be sent by DX?
- Party’s address for service contains a DX number2. DX number is on the party’s writing paper3. No express indication that service by DX is not acceptance
What are the two requirements for service to be sent by email?
- Express consent2. Party has given an email address to be contacted on
Is consent to receive service by email still required if an email address is on the firm’s paper or the parties have communicated via email?
Yes
