Part 6 - Service of documents Flashcards

1
Q

What are the two rules when it comes to service of documents?

A

2 rules:
1. Any doc other than CF - posted = deemed date of service is 2 business days e.g. Posted on Mon, counts as served on Wed.

(vol 1 6.26 - table for deemed service)

  1. Specifically relates to the CF
    (service of CF - r7.5 table. R6.14 rules about CFs)
    CFs - 2 business days after, even if you’ve emailed it or done personal service, will always be 2 business days after.
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2
Q

Do you count the day you do anything?

A

No. If posted on Fri, don’t count Fri, count Mon as 1st day and Tues as 2nd day which will be the day of deemed service

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3
Q

Do you need permission of court to serve CF?

A

No, just need to inform them that you’re personally doing it.

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4
Q

Method of service

A

The way in which you’re transmitting info e.g. personal service, fax, post or email etc

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5
Q

Deemed day of service

A

Part 6 - all the ways in which you can serve documents

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6
Q

Where to serve CF?

A
  • Solicitor
  • Address at which the defendant resides or carries on business within the UK
  • TCRM in the contract state agreed method of service - r6.11
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7
Q

Service of CF on kids + protected parties

A

r6.13 -
kid - one of the childs parents or guardians or an adult with whom the child resides/care the child is in.

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8
Q

Who is to serve the claim form as per r6.4?

A
  • Court of the claimant
  • Claimant doesn’t need permission from the court, just needs to inform them that they’l serve it personally
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9
Q

Service of CF by alternative method or alternative place

A
  • When there’s good reason, the court may make an order permitting service by an alternative method/place
  • Application for this requires:
    1. Must be supported by evidence; and
    2. May be made without notice
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10
Q

Service of claim form

A

r7.5 - method
Must be done before 12 midnight
4 months from the point that you’ve had the courts stamp, you have to serve it on D.
Deemed service is rule 6.4 - 2nd business day.

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11
Q

Claim form - is it a business day? - yes - then 2 days from now.

A
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12
Q

Other docs - 4:30pm rule, not for CF, only for other documents

A

If the document is posted after 4:30pm (the standard post office closing time), it is considered to be posted the next business day for the purposes of calculating service. This means that the 2 day period for deemed service starts from the next business day, not the day it was posted.

Example of the 4:30 PM Rule:
If a document is posted by first class post at 4:45pm on a Monday, the deemed service would occur 2 business days later on Wednesday, because the document is treated as being posted on Tuesday (due to the 4:30pm cut off time).

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13
Q

Deemed service for other documents

A

If sent by post, the document is deemed to be served 2 business days after posting (CPR 6.14).
If sent by email (or other electronic means), service is deemed to have occurred when the document is received, unless there is a reason to doubt service (CPR 6.26).

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14
Q

Deemed service for claim form

A

The claim form is deemed to be served when it is left at the defendant’s address (if personal service) or 2 business days after it is posted (if using first class post or equivalent) (CPR 6.14).

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15
Q

Service of docs other than the CF in the UK

A

Deemed date of service - r6.26
First class point - 2nd day
Doc exchange - 2nd day
Personal/fax/electronic method - before 4:30pm and on business day or otherwise, the next business day after that day.
r6.14 - 2nd business day after completion
r6.26 - other docs - before 4:30pm for any type of personal or electronic service
post - 2 days after

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