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CPR FLASHCARDS 2024 > Part 6 Deemed Service > Flashcards

Part 6 Deemed Service Flashcards

1
Q

What is the primary purpose of Part 6 of the Civil Procedure Rules?

A

To govern the service of documents in civil proceedings.

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2
Q

True or False: Part 6 applies to all types of civil proceedings.

A

True

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3
Q

Fill in the blank: A document must be served on the __________ party to be considered properly served.

A

opposing

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4
Q

What is the standard method of service for most documents according to Part 6?

A

Personal service or postal service.

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5
Q

Which rule specifies how to serve documents on individuals?

A

Rule 6.3

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6
Q

What is the time frame for serving a claim form under Part 6?

A

Within 4 months of the date of issue.

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7
Q

True or False: Electronic service is permitted under Part 6.

A

True

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8
Q

What is required for electronic service to be valid?

A

The recipient must have consented to receive documents electronically.

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9
Q

Fill in the blank: Service by __________ is allowed if the party has provided an email address.

A

email

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10
Q

What must a party do if they are unable to serve a document within the time limits?

A

Apply to the court for an extension of time.

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11
Q

Which rule addresses the service of documents on companies?

A

Rule 6.5

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12
Q

True or False: A document can be served at a registered office of a company.

A

True

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13
Q

What is the consequence of failing to serve a document properly?

A

The court may strike out the claim or defense.

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14
Q

What does Part 6 say about deemed service?

A

Documents are deemed served if sent by post and not returned undelivered.

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15
Q

Fill in the blank: Service by __________ is considered valid if the document is left at the recipient’s address.

A

personal delivery

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16
Q

What is the rule for serving documents outside the jurisdiction?

A

Rule 6.36 outlines the requirements for service outside the jurisdiction.

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17
Q

True or False: A notice of intention to defend must be served personally.

A

False

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18
Q

What must be included with documents served by post?

A

A notice informing the recipient of the service.

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19
Q

What is the importance of proof of service?

A

It provides evidence that the documents were served in accordance with the rules.

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20
Q

Fill in the blank: The __________ of service is crucial for determining the timeline for responding to a claim.

A

date

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21
Q

Which rule governs the method of service for specific types of documents, such as witness statements?

A

Rule 6.7

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22
Q

True or False: A party can serve documents via social media under Part 6.

A

False

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23
Q

What must a party do if they want to serve a document using a method not specified in Part 6?

A

Obtain permission from the court.

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24
Q

What is the role of the court in disputes over service?

A

The court can determine whether service was properly executed.

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25
Q

Fill in the blank: The __________ of service can affect the validity of the proceedings.

A

timeliness

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26
Q

What is the significance of Rule 6.20 regarding service?

A

It outlines the rules for serving documents on children or protected parties.

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27
Q

What is the effect of serving a document on the next business day if the recipient’s office is closed on the last day of the service period?

A

It is validly served

Confirming Pritam Kaur v S Russell & Sons Ltd [1973] Q.B. 336

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28
Q

In which case did the Court of Appeal hold that the court could dispense with service of an order granting permission to enforce a arbitration award?

A

General Dynamics UK Ltd v Libya [2019] EWCA Civ 1110

This case involved the terms of s.12 of the State Immunity Act 1978.

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29
Q

What is the purpose of the rule regarding dispensing with re-service of a document?

A

It is useful for dispensing with the re-service of a document when the recipient has already been given a copy

Example: when a document is attached to a successful application to amend.

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30
Q

What must a certificate of service state according to Rule 6.29?

A

Details required for various methods of service

Includes personal service, first class post, fax, and electronic methods.

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31
Q

What details must be certified for personal service?

A

Date and time of personal service

Required for the certificate of service.

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32
Q

What details must be certified for first class post?

A

Date of posting or leaving with the relevant service provider

Must include the business day of delivery.

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33
Q

What is required for the certification of fax service?

A

Date and time of completion of the transmission

Important for verifying the service was completed.

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34
Q

What must be certified for electronic methods of service?

A

Date and time of sending e-mail or other electronic transmission

Ensures proper documentation of service.

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35
Q

What does Rule 55.86 require regarding certificates of service?

A

It requires the production at the hearing of a certificate of service of a document in the form of particulars of claim

This is not a claim form within Section II of Part 6.

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36
Q

What does Rule 22.1(1)(b) state about certificates of service?

A

A certificate of service must be verified by a statement of truth

This is specified in PD 22 (Statements of Truth) para. 1.1(6).

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37
Q

When were the Civil Procedure (Amendment) Rules introduced?

A

2008

Specifically, SI 2008/2178.

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38
Q

What is the deemed date of service for a document posted on a Monday?

A

Wednesday

This applies when the document is posted, left with, delivered, or collected by the relevant document delivery service.

39
Q

What is the deemed date of service for a document delivered via First Class Post?

A

The second business day after delivery

This is applicable if the day of delivery is a business day.

40
Q

If a document is left at the relevant place on a Friday, when is it deemed served?

A

The following Tuesday unless Monday is a Bank Holiday

If Monday is a Bank Holiday, it would be deemed served on Wednesday.

41
Q

True or False: A document delivered after 4.30pm on a business day is deemed served on that same day.

A

False

It will be deemed served on the next business day.

42
Q

If a document is personally delivered before 4.30pm on a business day, when is it deemed served?

A

On that same day

If it is delivered after 4.30pm, it is deemed served on the next business day.

43
Q

What happens if a document is delivered on a Bank Holiday?

A

Deemed served on the next business day

The service is postponed until after the holiday.

44
Q

Fill in the blank: The second business day after a document is _______ is considered its deemed date of service.

A

delivered

This applies unless the second day is not a business day.

45
Q

What is the deemed date of service for a fax transmitted before 4.30pm on a business day?

A

That same day

If the fax is transmitted after 4.30pm, it is deemed served on the next business day.

46
Q

When is a document deemed served if delivered/left at a permitted address on a Monday?

A

The following Tuesday unless Monday is a Bank Holiday

If Monday is a Bank Holiday, it would be deemed served on Wednesday.

47
Q

If a document is delivered on a Friday after 5pm, when is it deemed served?

A

The following Monday unless Monday is a Bank Holiday

If Monday is a Bank Holiday, it would be deemed served on Tuesday.

48
Q

What is the deemed date of service for particulars of claim posted on a business day?

A

The second day after posting

This is applicable if the day of posting is a business day.

49
Q

What is the effect of serving a document on the next business day if the recipient’s office is closed on the last day of the service period?

A

It is validly served

Confirming Pritam Kaur v S Russell & Sons Ltd [1973] Q.B. 336

50
Q

In which case did the Court of Appeal hold that the court could dispense with service of an order granting permission to enforce a arbitration award?

A

General Dynamics UK Ltd v Libya [2019] EWCA Civ 1110

This case involved the terms of s.12 of the State Immunity Act 1978.

51
Q

What is the purpose of the rule regarding dispensing with re-service of a document?

A

It is useful for dispensing with the re-service of a document when the recipient has already been given a copy

Example: when a document is attached to a successful application to amend.

52
Q

What must a certificate of service state according to Rule 6.29?

A

Details required for various methods of service

Includes personal service, first class post, fax, and electronic methods.

53
Q

What details must be certified for personal service?

A

Date and time of personal service

Required for the certificate of service.

54
Q

What details must be certified for first class post?

A

Date of posting or leaving with the relevant service provider

Must include the business day of delivery.

55
Q

What is required for the certification of fax service?

A

Date and time of completion of the transmission

Important for verifying the service was completed.

56
Q

What must be certified for electronic methods of service?

A

Date and time of sending e-mail or other electronic transmission

Ensures proper documentation of service.

57
Q

What does Rule 55.86 require regarding certificates of service?

A

It requires the production at the hearing of a certificate of service of a document in the form of particulars of claim

This is not a claim form within Section II of Part 6.

58
Q

What does Rule 22.1(1)(b) state about certificates of service?

A

A certificate of service must be verified by a statement of truth

This is specified in PD 22 (Statements of Truth) para. 1.1(6).

59
Q

When were the Civil Procedure (Amendment) Rules introduced?

A

2008

Specifically, SI 2008/2178.

60
Q

What is the deemed service date if a document is transmitted on a Friday at 4pm?

A

Deemed served on the following Monday unless it’s a Bank Holiday

If Monday is a Bank Holiday, deemed served on Tuesday.

61
Q

If an email is sent before 4.30pm on a business day, when is it deemed served?

A

Deemed served on that day

If sent after 4.30pm, deemed served on the next business day.

62
Q

What happens if a document is served on a Bank Holiday?

A

Deemed served on the following business day

This means if served on a Bank Holiday, service is considered to occur on the next available business day.

63
Q

When is a document deemed served if transmitted on a Monday?

A

Deemed served on Wednesday unless Monday is a Bank Holiday

If Monday is a Bank Holiday, then deemed served on Tuesday.

64
Q

If a document is transmitted at 5pm on a Friday, when is it deemed served?

A

Deemed served on the following Monday unless it’s a Bank Holiday

If Monday is a Bank Holiday, deemed served on Tuesday.

65
Q

What is the deemed service date for an electronic transmission sent after 4.30pm on a business day?

A

Deemed served on the next business day

This applies to any electronic transmission sent after the specified time.

66
Q

Fill in the blank: If a document is served on a Tuesday, it is deemed served on the following _______.

A

Wednesday

This is assuming there are no intervening Bank Holidays.

67
Q

What is the purpose of Rule 6.25 in Civil Procedure Rules 1998?

A

To outline the service of documents in proceedings involving children and protected parties

It addresses the appointment of a litigation friend and the service of documents on such parties.

68
Q

What is a litigation friend?

A

A person appointed to conduct proceedings on behalf of a child or protected party

This is essential when the party lacks capacity to conduct the proceedings themselves.

69
Q

Under Rule 6.25, how must documents be served on children or protected parties?

A

Documents must be served on the litigation friend conducting the proceedings

If no litigation friend is available, the court may allow service directly on the child or protected party.

70
Q

What does Rule 6.26 state about deemed service of documents?

A

A document is deemed served on the day specified by the method of service used

This ensures clarity on when service is considered effective.

71
Q

Fill in the blank: A document served by first class post is deemed served on the _______.

A

second day after it was posted

Provided that day is a business day; otherwise, it is the next business day.

72
Q

What happens if a document is delivered to a permitted address on a business day?

A

It is deemed served on that same day

This applies to documents left at the address.

73
Q

True or False: The court can order that a document sent to someone other than the specified person is treated as properly served.

A

True

This flexibility allows for effective communication in legal proceedings.

74
Q

What does paragraph (3) of Rule 6.25 allow the court to do?

A

Permit a document to be served on a child or protected party directly or on another person

This is applicable under specific circumstances as outlined in the rule.

75
Q

What is the significance of paragraphs (1) and (2) of Rule 21.8?

A

They deal with the service of application notices for the appointment of litigation friends

This is crucial for ensuring representation in legal matters involving children or protected parties.

76
Q

Fill in the blank: The rule does not apply where the court has made an order under Rule _______.

A

21.2(3)

This rule allows a child to conduct proceedings without a litigation friend.

77
Q

What does the term ‘deemed service’ refer to?

A

The legal presumption that a document has been served on a specific date based on the method of service used

This concept helps to establish timelines for legal proceedings.

78
Q

What is the significance of Rule 6.26?

A

It deals with the deemed service of documents other than claim forms.

79
Q

What is deemed service?

A

Deemed service refers to the legal presumption that a document has been served on a party, even if actual service hasn’t occurred.

80
Q

What is a business day according to Rule 6.2?

A

A business day is defined in Rule 6.2.

81
Q

Under what conditions is a document deemed served on the same day?

A

If served personally before 4.30 p.m. on a business day.

82
Q

What happens if a document is transmitted after 4.30 p.m.?

A

It is deemed served on the next business day.

83
Q

What does Rule 6.14 address?

A

It deals with deemed service of claim forms.

84
Q

What is one key feature of Rule 6.26?

A

It ensures that the deemed day of service is always a business day.

85
Q

True or False: The time of day is critical to the calculation of deemed service under the current rules.

A

False.

86
Q

What are the two outcomes of the uniform method provided by Rule 6.26?

A
  • Removes unjustifiable anomalies in deemed service calculations
  • Standardizes the deemed service day across methods
87
Q

What is the effect of statutory periods on deemed service?

A

If a statutory limit does not allow for CPR provisions, the limit cannot be shortened by CPR deemed service rules.

88
Q

Fill in the blank: The deemed day of service should always be a _______.

A

business day.

89
Q

What does the table in Rule 6.26 reflect?

A

The calculations of the deemed day of service for all six methods of service.

90
Q

What is the critical time for service by fax or electronic method?

A

Before 4.30 p.m. on a business day.

91
Q

What is included in paragraphs 10.1 to 10.7 of Practice Direction 6A?

A

Examples of how the date of deemed service is calculated.

92
Q

What does the term ‘deemed service’ imply in the context of legal documents?

A

It implies that service is recognized legally even if not physically delivered.

93
Q

What does the commentary following Rule 6.14 provide?

A

Further commentary relevant to deemed service of claim forms.

CPR FLASHCARDS 2024 (9 decks)

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