DR IV Service and Response

Question 1

Why is serving the claim form so important?

what is the time limits for service of fthe claim form

Answer 1

without the service of the claim form, there is no requirement for the defendant to respond to the claim,

a sealed claim form must be served within 4 months

if D is outside the jurisdiction, must be served within 6 months

Question 2

What is the content of the service pack?

Answer 2

When serving the claim form, the court will also serve on D the response pack - a form with an acknowledgement of service. D can indicate if he defend or contest jurisdiction

Question 3

Rules on service to nominated solicitor

Answer 3

If D has nominated solicitors to accept service, the proceedings must be served on the nominee, unless a contract provides otherwise.

If D is a company, delivery or posting to the company’s registered office address will suffice.

Question 4

IF D has not nominated solicitors, C may serve D personally by:

in the case of an individual
in the case of a company
in the case of a partnership

Answer 4

: leaving the proceedings with the individual being served (if D is an individual)

: In the case of a company, by leaving the proceedings with a person holding a senior position within the company

: in the case of a partnership being sued in the firm name, by leaving it with a partner.

Question 5

Does personal service requires the individual to take hold of the papers

Answer 5

It does. But the additional rule allows good service if the recipient just hands the papers back or throws them to the ground as long as the nature of the document has been explained to D.

Question 6

Rule on service by email.

Answer 6

A claim may be served by email only if there is express consent to such service and the party has given the email address. previous dealings via emails or emails shown on the firm’s paper are not sufficient to amount to express consent.

Question 7

CPR rule on day of service

Answer 7

CPR includes an indisputable presumption that the claim form is deemed to be served, whatever the method of service, on the second business day if the steps are correctly followed.

Question 8

Examples of invalid service

5

Answer 8

The original sealed copy is not served by a photocopy

delivered by fax or email without permission being obtained

service was out of time

on the wrong person

wrong address and insufficient attempts have been made to locate D.

Question 9

If C is serving by themselves, they need to file a certificate of service within ____ days.

Answer 9

21 days

Question 10

Discuss service by alternative method

Answer 10

if service is not achieved by the time the validity of the claim form has passed, CPR allows the court to permit service if the party can show a good reason for the order.

Such an order may even be made retrospectively, and recognise good service has been made.

Court are likely to be sympathetic toward a claimant if it is quite clear that D had notice of the proceedings and the failure of good service was by some understandaable or reasonable understanding.

Question 11

Time limits for service of Particulars of Claim

Answer 11

must be within 14 days after service of claim form

must be within 4 months after the issue of claim form

Question 12

Time limits of responding to a claim

Answer 12

D has 14 days to respond after service of the Particulars of Claim. otherwise D does not have to respond.
D can ask for extension of an extra 28 days by agreement between parties. for an additional 28 days court order must be sought. not more than 56 days.

Question 13

Ways of responding to a claim

Answer 13

D can
admit the claim;
file and serve a defence to the claim (possibly with a counterclaim)
Acknowledge service and indicate that they propose to defend a claim

Question 14

What if D fails to repsond C’s claim form with particulars of claim served within 14 days?

Answer 14

if D fails to respond within 14 days, C can obtain judgement in default.

if the judgement is granted, D is no longer allowed to defend the claim. D, however, can apply to set aside the judgement if he can convince the court that he has a real prospect of defending the claim and some other good reason to set aside the judgement.

Question 15

What follows if D admits the claim?

Answer 15

Court will issue a judgement order to include accrued interest and fixed cots.

D must provide details of income assets and outgoings if they want to pay later/by instalments. C can object to the request. Court may hold a hearing to decide.

If C asks for an unspecified amount, a disposal haering will be held to determine the sum.

Question 16

Can an admission of liability be withdrawn?

PRISM

Answer 16

Yes. but court permission must be sought.

the grant of such order depends on

the prejudice to the parties;
why (Reason) the admission was made; was it made under stress.;
public interest.;
The Material time that the withdrawal was made.;

Question 17

Time limits for service of defence

Answer 17

In practice, D will need more than 14 days to mount a defence. They will issue an acknowledgement of service within 14 days of receipt of the Particulars of Claim. In that acknowledgement of service, D can ask for additional 14 days by indicating an intention to dispute the claim.

Question 18

Meaning of clear day

Answer 18

Days where no event (service, repsonse) occurs in counting the days to comply with the CPR.

If the time doing an act ends on a day when the court office is close, the time does not expire until the end of the first day on which the court office is next open.

Question 19

What is a notice of discontinuance?

Answer 19

At any stage in the proceedings, C may discontinue their claim by filing a notice of discontinuance. this will bring the claim to a conclusion save for the question of costs.