Rules for service

Question 1

service v filing

Answer 1

service = refers to giving documents to your opponent

filing = which refers to the act of lodging documents with the court

Question 2

methods of service

Answer 2

CPR 7.5(1)

• Personal service
• First class post or DX
• Leaving the claim form at a “specified place”
• Fax or other means of electronic communication

Question 3

Leaving the claim form at a “specified place”

Answer 3

The claim form can be served by it being left at:

• D’s business address; or
• The business address of D’s solicitor (if they are nominated to accept service)
• CPR 6.7

Question 4

Fax or other means of electronic communication

Answer 4

only possible where recipient indicated in writing that:

• That they are willing to accept service by fax/electronic means (PD 6A, para 4.1(1)(a)); AND
• The fax number, or e-mail address, to which the claim form must be sent (PD 6A, para 4.1(1)(b)

Sufficient under para 4.1 for a party to indicate a fax number or email address on the “writing paper of the solicitor acting for the party to be served” or a “statement of case” (PD 6A, paras 4.1(2)(a), (b) and (c))

Question 5

where to serve the claim form

Answer 5

• If you have been informed in writing that D’s solicitor is authorised or “nominated” to accept service of proceedings, send the claim form to D’s solicitor
• if D hasn’t given an address for service, claim form should be served to locations outlined in CPR 6.9.

Question 6

time for service

Answer 6

C must serve the claim form no later than midnight on the calendar day 4 months after the date of issue (CPR 7.5(1))

Question 7

deemed service of documents

Answer 7

• when a document is served, it is legally treated as being served on a person, whether it arrived or not
• rules differ for serving the claim form and other documents

Question 8

deemed service of the claim form

Answer 8

• The claim form is deemed served on the second business day after completion of the “relevant step” under Rule 7.5(1) (i.e. when the claim form is dispatched)

the claim form is dispatched on:
- the date of postage (if served by post of DX); OR
- the date of delivery (if served personally or electronically)

Question 9

Deemed service of documents other than the claim form

Answer 9

depends on how the document is served:
- 1st class post or DX > second business day after posting
- any other method > on the same day, provided that it was delivered on a business day and before 4:30 pm

Question 10

responding to service of the claim form

Answer 10

D can either:
- serve the particulars of claim at the same time as the claim form
- serve the particulars of claim separately, within 14 days after service of the claim form

D can respond by:
- admitting the claim
- filing an acknowledgment of service
- filing a defence
- doing nothing

Question 11

filing documents for hearings

Answer 11

when calculating the number of days, you don’t include:
- the day on which the period begins; AND
- the day of that evnet (e.g. hearing); AND
- weekends or public holidays (“clear days rule” > CPR 2.8.)