Part 6 - Service of documents Flashcards
What are the two rules when it comes to service of documents?
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)
- 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.
Do you count the day you do anything?
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
Do you need permission of court to serve CF?
No, just need to inform them that you’re personally doing it.
Method of service
The way in which you’re transmitting info e.g. personal service, fax, post or email etc
Deemed day of service
Part 6 - all the ways in which you can serve documents
Where to serve CF?
- 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
Service of CF on kids + protected parties
r6.13 -
kid - one of the childs parents or guardians or an adult with whom the child resides/care the child is in.
Who is to serve the claim form as per r6.4?
- Court of the claimant
- Claimant doesn’t need permission from the court, just needs to inform them that they’l serve it personally
Service of CF by alternative method or alternative place
- 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
Service of claim form
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.
Claim form - is it a business day? - yes - then 2 days from now.
Other docs - 4:30pm rule, not for CF, only for other documents
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).
Deemed service for other documents
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).
Deemed service for claim form
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).
Service of docs other than the CF in the UK
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
How long to serve claim form?
4 months from date of issue
Is including email in header of document enough to use that email for service?
Just including email in header of document is not enough to use that email for service – must specifically say (for service) next to the email address.
What does it mean for solicitor to be authorised to accept service?
Solicitor is authorised to accept service – this means you have to serve it on the solicitors, that method takes precedent over any other form of service. If Sol is authorised to accept service, then you must send it to them, cannot send it to client.
Service must be done by 1st class post, not second class.
True or false?
False. Can send via 2nd class post, doesn’t have to be served 1st class post.
CPR 6.1(4) – 2nd business day for CF. it was delivered Sat 16th, don’t include Sat
Posted it on Fri, count 2 business days, (Sat-Sun not business days) Mon and Tues. So deemed date is Tues.
Fri 27th sept – deadline would be 28th Jan for service, as you never include the date of issue (being the 27th)
