Part 6 Deemed Service Flashcards
What is the primary purpose of Part 6 of the Civil Procedure Rules?
To govern the service of documents in civil proceedings.
True or False: Part 6 applies to all types of civil proceedings.
True
Fill in the blank: A document must be served on the __________ party to be considered properly served.
opposing
What is the standard method of service for most documents according to Part 6?
Personal service or postal service.
Which rule specifies how to serve documents on individuals?
Rule 6.3
What is the time frame for serving a claim form under Part 6?
Within 4 months of the date of issue.
True or False: Electronic service is permitted under Part 6.
True
What is required for electronic service to be valid?
The recipient must have consented to receive documents electronically.
Fill in the blank: Service by __________ is allowed if the party has provided an email address.
What must a party do if they are unable to serve a document within the time limits?
Apply to the court for an extension of time.
Which rule addresses the service of documents on companies?
Rule 6.5
True or False: A document can be served at a registered office of a company.
True
What is the consequence of failing to serve a document properly?
The court may strike out the claim or defense.
What does Part 6 say about deemed service?
Documents are deemed served if sent by post and not returned undelivered.
Fill in the blank: Service by __________ is considered valid if the document is left at the recipient’s address.
personal delivery
What is the rule for serving documents outside the jurisdiction?
Rule 6.36 outlines the requirements for service outside the jurisdiction.
True or False: A notice of intention to defend must be served personally.
False
What must be included with documents served by post?
A notice informing the recipient of the service.
What is the importance of proof of service?
It provides evidence that the documents were served in accordance with the rules.
Fill in the blank: The __________ of service is crucial for determining the timeline for responding to a claim.
date
Which rule governs the method of service for specific types of documents, such as witness statements?
Rule 6.7
True or False: A party can serve documents via social media under Part 6.
False
What must a party do if they want to serve a document using a method not specified in Part 6?
Obtain permission from the court.
What is the role of the court in disputes over service?
The court can determine whether service was properly executed.
Fill in the blank: The __________ of service can affect the validity of the proceedings.
timeliness
What is the significance of Rule 6.20 regarding service?
It outlines the rules for serving documents on children or protected parties.
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?
It is validly served
Confirming Pritam Kaur v S Russell & Sons Ltd [1973] Q.B. 336
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?
General Dynamics UK Ltd v Libya [2019] EWCA Civ 1110
This case involved the terms of s.12 of the State Immunity Act 1978.
What is the purpose of the rule regarding dispensing with re-service of a document?
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.
What must a certificate of service state according to Rule 6.29?
Details required for various methods of service
Includes personal service, first class post, fax, and electronic methods.
What details must be certified for personal service?
Date and time of personal service
Required for the certificate of service.
What details must be certified for first class post?
Date of posting or leaving with the relevant service provider
Must include the business day of delivery.
What is required for the certification of fax service?
Date and time of completion of the transmission
Important for verifying the service was completed.
What must be certified for electronic methods of service?
Date and time of sending e-mail or other electronic transmission
Ensures proper documentation of service.
What does Rule 55.86 require regarding certificates of service?
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.
What does Rule 22.1(1)(b) state about certificates of service?
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).
When were the Civil Procedure (Amendment) Rules introduced?
2008
Specifically, SI 2008/2178.
What is the deemed date of service for a document posted on a Monday?
Wednesday
This applies when the document is posted, left with, delivered, or collected by the relevant document delivery service.
What is the deemed date of service for a document delivered via First Class Post?
The second business day after delivery
This is applicable if the day of delivery is a business day.
If a document is left at the relevant place on a Friday, when is it deemed served?
The following Tuesday unless Monday is a Bank Holiday
If Monday is a Bank Holiday, it would be deemed served on Wednesday.
True or False: A document delivered after 4.30pm on a business day is deemed served on that same day.
False
It will be deemed served on the next business day.
If a document is personally delivered before 4.30pm on a business day, when is it deemed served?
On that same day
If it is delivered after 4.30pm, it is deemed served on the next business day.
What happens if a document is delivered on a Bank Holiday?
Deemed served on the next business day
The service is postponed until after the holiday.
Fill in the blank: The second business day after a document is _______ is considered its deemed date of service.
delivered
This applies unless the second day is not a business day.
What is the deemed date of service for a fax transmitted before 4.30pm on a business day?
That same day
If the fax is transmitted after 4.30pm, it is deemed served on the next business day.
When is a document deemed served if delivered/left at a permitted address on a Monday?
The following Tuesday unless Monday is a Bank Holiday
If Monday is a Bank Holiday, it would be deemed served on Wednesday.
If a document is delivered on a Friday after 5pm, when is it deemed served?
The following Monday unless Monday is a Bank Holiday
If Monday is a Bank Holiday, it would be deemed served on Tuesday.
What is the deemed date of service for particulars of claim posted on a business day?
The second day after posting
This is applicable if the day of posting is a business day.
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?
It is validly served
Confirming Pritam Kaur v S Russell & Sons Ltd [1973] Q.B. 336
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?
General Dynamics UK Ltd v Libya [2019] EWCA Civ 1110
This case involved the terms of s.12 of the State Immunity Act 1978.
What is the purpose of the rule regarding dispensing with re-service of a document?
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.
What must a certificate of service state according to Rule 6.29?
Details required for various methods of service
Includes personal service, first class post, fax, and electronic methods.
What details must be certified for personal service?
Date and time of personal service
Required for the certificate of service.
What details must be certified for first class post?
Date of posting or leaving with the relevant service provider
Must include the business day of delivery.
What is required for the certification of fax service?
Date and time of completion of the transmission
Important for verifying the service was completed.
What must be certified for electronic methods of service?
Date and time of sending e-mail or other electronic transmission
Ensures proper documentation of service.
What does Rule 55.86 require regarding certificates of service?
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.
What does Rule 22.1(1)(b) state about certificates of service?
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).
When were the Civil Procedure (Amendment) Rules introduced?
2008
Specifically, SI 2008/2178.
What is the deemed service date if a document is transmitted on a Friday at 4pm?
Deemed served on the following Monday unless it’s a Bank Holiday
If Monday is a Bank Holiday, deemed served on Tuesday.
If an email is sent before 4.30pm on a business day, when is it deemed served?
Deemed served on that day
If sent after 4.30pm, deemed served on the next business day.
What happens if a document is served on a Bank Holiday?
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.
When is a document deemed served if transmitted on a Monday?
Deemed served on Wednesday unless Monday is a Bank Holiday
If Monday is a Bank Holiday, then deemed served on Tuesday.
If a document is transmitted at 5pm on a Friday, when is it deemed served?
Deemed served on the following Monday unless it’s a Bank Holiday
If Monday is a Bank Holiday, deemed served on Tuesday.
What is the deemed service date for an electronic transmission sent after 4.30pm on a business day?
Deemed served on the next business day
This applies to any electronic transmission sent after the specified time.
Fill in the blank: If a document is served on a Tuesday, it is deemed served on the following _______.
Wednesday
This is assuming there are no intervening Bank Holidays.
What is the purpose of Rule 6.25 in Civil Procedure Rules 1998?
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.
What is a litigation friend?
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.
Under Rule 6.25, how must documents be served on children or protected parties?
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.
What does Rule 6.26 state about deemed service of documents?
A document is deemed served on the day specified by the method of service used
This ensures clarity on when service is considered effective.
Fill in the blank: A document served by first class post is deemed served on the _______.
second day after it was posted
Provided that day is a business day; otherwise, it is the next business day.
What happens if a document is delivered to a permitted address on a business day?
It is deemed served on that same day
This applies to documents left at the address.
True or False: The court can order that a document sent to someone other than the specified person is treated as properly served.
True
This flexibility allows for effective communication in legal proceedings.
What does paragraph (3) of Rule 6.25 allow the court to do?
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.
What is the significance of paragraphs (1) and (2) of Rule 21.8?
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.
Fill in the blank: The rule does not apply where the court has made an order under Rule _______.
21.2(3)
This rule allows a child to conduct proceedings without a litigation friend.
What does the term ‘deemed service’ refer to?
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.
What is the significance of Rule 6.26?
It deals with the deemed service of documents other than claim forms.
What is deemed service?
Deemed service refers to the legal presumption that a document has been served on a party, even if actual service hasn’t occurred.
What is a business day according to Rule 6.2?
A business day is defined in Rule 6.2.
Under what conditions is a document deemed served on the same day?
If served personally before 4.30 p.m. on a business day.
What happens if a document is transmitted after 4.30 p.m.?
It is deemed served on the next business day.
What does Rule 6.14 address?
It deals with deemed service of claim forms.
What is one key feature of Rule 6.26?
It ensures that the deemed day of service is always a business day.
True or False: The time of day is critical to the calculation of deemed service under the current rules.
False.
What are the two outcomes of the uniform method provided by Rule 6.26?
- Removes unjustifiable anomalies in deemed service calculations
- Standardizes the deemed service day across methods
What is the effect of statutory periods on deemed service?
If a statutory limit does not allow for CPR provisions, the limit cannot be shortened by CPR deemed service rules.
Fill in the blank: The deemed day of service should always be a _______.
business day.
What does the table in Rule 6.26 reflect?
The calculations of the deemed day of service for all six methods of service.
What is the critical time for service by fax or electronic method?
Before 4.30 p.m. on a business day.
What is included in paragraphs 10.1 to 10.7 of Practice Direction 6A?
Examples of how the date of deemed service is calculated.
What does the term ‘deemed service’ imply in the context of legal documents?
It implies that service is recognized legally even if not physically delivered.
What does the commentary following Rule 6.14 provide?
Further commentary relevant to deemed service of claim forms.
