Issuing and Serving Proceedings (Claim Form and Particulars of Claim)

Question 1

what dates does issuing the claim form impact? (2)

Answer 1

(1) stops time running for limitation

(2) starts time running for service of claim form

Question 2

to issue claim form, what does C solicitor need to do? (2)

Answer 2

Issue the following at the High Court or County Court Hearing Centre (not money only) or County Court Money Claims Centre (money only) or County Court online money claim:

1) issue claim form Form N1 - one copy for every party and for court

2) court fee

Question 3

what does the court do after C sends Form N1?

Answer 3

court issues the claim form by:
- entering a date of issue
- giving the case a claim number
- stamping with court seal all copies of the claim firm
- creates a case management file and places its own sealed copy of CF in it

Question 4

who can serve the claim form on the defendants?

Answer 4

1) court: uses only first class post

2) C can opt to instead

Question 5

where should the claimant serve the relevant documents on the defendant? (3)

Answer 5

(1) if a party’s solicitor gave in writing its address/email, then this MUST be used

(2) otherwise serve on the party at the address they gave for the purpose of service of documents

(3) otherwise serve on party at:

• individual: usual or last known address of residence
• individual sued in name of business / partnership: individual’s usual or last known address of residence or any place of business within the UK
• LLP / company: principal office or any place of business within the UK which has a real connection with the claim

Question 6

what are the methods of service for docs and what is their ‘relevant step’ (6)

Answer 6

1) personal service = leaving doc with party

2) leaving at permitted address = leaving doc at address

3) first class post (2nd class not recognised by the court) = posting doc

4) DX = leaving doc with DX service

5) fax (only if permitted by party) = completing the transmission

6) email (only if permitted by party) = sending the email

Question 7

can you fax or email a doc if party did not indicate it will accept it this way?

Answer 7

no

Question 8

what is the time limit to serve the claim form in E&W?

Answer 8

4 months after date of issue to the court

the relevant step must be done before 12 midnight on that day

Question 9

what happens if C did not serve the claim form within the time limit?

Answer 9

claim automatically fails - C has to issue new claim + pay fee again

(and issuing the new claim must be within the limitation period)

Question 10

when does limitation period stop running?

Answer 10

date of ISSUE of claim form to court (not service)

Question 11

how can C extend time limit to issue claim form?

Answer 11

C can apply to court to extend the time limit to serve the claim form

but the requirements of this application differ based on whether it was made within the 4 month period or after it

Question 12

C is applying to extend the deadline for serving the claim form before the 4-month deadline passes - what should it show the court?

Answer 12

C must show the court there is GOOD REASON to extend the deadline

NOT good reason =

• waiting for more evidence from D from pre-action correspondence
• waiting for a response from D on pre-action correspondence

Question 13

if C applies after the 4 month deadline to extend the time limit to serve the claim form, when will the court grant the extension? (2 requirements)

Answer 13

court will only grant extension if:

1- application is made promptly,

and

2- the court was at fault or claimant took all reasonable steps to comply

(rare that court grants it)

Question 14

if C mistakenly serves the claim form using the wrong address and more than 4 months have passed since C issued it, is the court likely to grant an application to extend time limit?

Answer 14

No - if applying to extend after 4-month deadline passed then this is unlikely to justify extension

C did not take all reasonable steps to comply

Question 15

what must C do after serving the claim form? (2)

Answer 15

• serve the particulars of claim (if not served with claim form)
• serve response pack with the particulars of claim (contains forms for admitting, defending, and acknowledging service)

Question 16

time limit to serve particulars of claim (if not served with claim form)

2 requirements

Answer 16

within 14 days of deemed date of service of claim form

AND

within 4-month time limit after issuing claim form

Question 17

what is a ‘deemed’ date of service?

Answer 17

the date that the court considers a document to be served, irrespective of the date it was actually received by the recipient

this will affect subsequent time limits and dates

Question 18

what is the deemed date of service of the claim form?

Answer 18

on the second BUSINESS day after the relevant step was completed

regardless of method of service

Question 19

what is the deemed date of service of particulars of claim that are in the claim form?

Answer 19

on the second business day after the relevant step was completed

regardless of method of service

Question 20

what is the deemed date of service of particulars of claim in same envelope as claim form but in separate document?

Answer 20

ambiguity

better assume earliest possible date

Question 21

what is the deemed date of service of any document other than claim form via instant methods?

Answer 21

if relevant step done before 4:30 PM on a business day = deemed served on that business day

otherwise = next business day

Question 22

what are instant methods of delivery?

Answer 22

leaving with party, leaving at address of party, fax, email

Question 23

what are non-instant methods of delivery?

Answer 23

first class post

DX

Question 24

what is the deemed date of service of any document other than claim form via non-instant method?

Answer 24

deemed served on the second day after relevant step IF that day is a business day

otherwise = next business day