Service Flashcards
CPR 6?
Service of Documents
CPR PD 6A?
Practice Direction: Service within the UK
CPR PD 6B?
Practice Direction: Service outside the Jurisdiction
When may UK service be via document exchange? (DX)?
Where Ds address has a numbered DX box, their solicitor’s letter specifies one, and there’s been no express indication of refusing DX.
How is UK service done via post (NDD)?
Document placed in post box OR leaving document with relevant service provider OR having it collected by one.
How is UK service done via FAX or electronic means?
D must have indicated willingness to accept fax or electronic means and have indicated in writing the email/fax no. to send to previously (whether in email, statement of case or on letter paper).
How is UK service effected in person?
To a company or corporation, by leaving it with a senior employee, (i.e. on the board or a manager at head office)
When may the court allow service by alternative means?
Where there’s good reason to authorise service as such and C has applied without notice but WITH evidence.
What is an example of service by alternative means?
Social media - not listed as a means in R6.3(1).
What is considered a claim form?
As well as claim, any petitions for applications to be made pre-action, but not application notices and not particulars where they’re sent separately.
How many ways can a claim form be delivered usually?
5 different ways.
What are the ways of serving a claim form?
(1) personal service (2) post or document exchange for next business day delivery (3) leaving at a specified place specified place (4) fax (5) or electronic means.
What must be done to the claim form once issued by court?
Once issued, CF must be sealed - thus creating a formal court process instead of informal demand
Who serves the claim form?
CPR 6.4: The court serves it unless a claimant chooses to, the court directs a claimant to, or a practice direction requires C to.
When CAN’T a claim form be served personally?
In proceedings against the Crown or where CPR 6.7 applies (service on Ds solicitor).
When MUST a claim form be served on a solicitor?
When a solicitor has notified the claimant or where D has given solicitor’s address in writing, CF MUST be served to their offices (including in Scotland and Ireland).
How should claim forms against Landlords be served?
They can be served at an address given by a landlord
What is CPR 6.9?
A list of how to serve the claim form when the defendant DOESN’T give an address.
If you’re suing D as an individual and they don’t provide an address, how do you serve the claim form?
Serve claim form to usual or last known residence
If you’re suing D in the name of a business and they don’t provide an address, how do you serve the claim form?
Serve claim form to usual or last known residence OR last known place of business
If you’re suing D as part of a business partnership and they don’t provide an address, how do you serve the claim form?
Serve claim form to usual or last known residence OR the partnership’s last known place of business
If you’re suing D who is an LLP and they don’t provide an address, how do you serve the claim form?
Serve claim form to principal office of the LLP or any place of business in EW that has REAL CONNECTION to the claim.
If you’re suing D that is a corporation in EW and they don’t provide an address, how do you serve the claim form?
Serve claim form to principal office of corporation OR any place in EW where actions are taken by corporation that has a real connection to claim.
If you’re suing D that’s a Registered Company in EW and they don’t provide an address, how do you serve the claim form?
Serve the claim form to the principal office or any place of business of theirs that has a real connection with the claim.
If you’re suing D that’s a company or corporation and they don’t provide an address, how do you serve the claim form?
Serve the claim form to any place in EW where they carry on their activities or business.
What is meant by a place for service having ‘a real connection’ to a claim?
Don’t serve CFs or documents to rural offices not close to you e.g. living in Essex and serving in Yorkshire.
What steps must C take to ascertain Ds address for service of the claim form?
C must take reasonable steps to find out Ds current address if the discoverable address is known to not be correct, if they can’t, they should try and find an alternative address.
Can the claim form be served any way?
Mostly, yes, C can elect whatever method suits, apart from if there’s a contractually agreed method or place.
When is a claim form deemed to have been served?
A claim form served inside the UK is considered “served” on 2nd business day after completion of the relevant step of CPR 7.5 (posting, delivering, leaving with)
What is NOT a business day?
Not weekend, Christmas, Good Friday, or a bank holiday.
Can method of service be varied?
Yes - by court order you can serve by alternative means (6.15) e.g. social media
CPR 7.5?
Within EW, claim forms must be served before 12.00 midnight exactly 4 months after date of issue; or 6 months outside EW.
When is the latest a claim form can be served?
Exactly 4 months after date of issue within EW jurisdiction, or 6 months outside EW.
When may a claimant succeed in applying to extend time limit to serve the claim form?
When they can show they have taken all reasonable steps to serve within the time limit and have acted promptly in applying for an extension.
CPR 6.20?
6.20 details methods of service for documents that are not the claim form.
How can documents other than the claim form be served?
By post or DX, leaving at specified places, fax or electronic means, personal service.
How can a company be served documents that aren’t the claim form?
Any listed method in 6.20 or methods listed in Companies Act.
How can an LLP be served documents that aren’t the claim form?
Any listed method in 6.20 or by the Companies Act or LLPs Act.
Who should serve documents that aren’t the claim form?
Usually, whoever prepared the document also serves it, unless a rule or practice direction specifies or party requests to serve themselves.W
When should documents other than the claim form be served personally?
When required by rule or practice direction. Otherwise, should be served personally except where an address for further documents has been provided under 6.23.
How should documents be served on children and protected parties?
Any document NOT an order for a litigation friend MUST be served on LF unless the court orders otherwise or a child has been allowed to proceed without an LF.
When is a document other than a claim form that was posted 1st class deemed to be served?
The second day after it was posted or given to provider etc. if a business day, if not, the next business day.
When is a document other than a claim form sent via document exchange deemed to be served?
The second day after it was posted or given to provider etc. if a business day, if not, the next business day.
When is a document other than a claim form delivered or left at a permitted address deemed to be served?
If delivered or left at the address on a business day before 4.30pm, that date.
If later, the following business day.
When is a document other than a claim form that was faxed or sent electronically deemed to be served?
If fax completed before 4.30pm, on that date. If later, the following business day from transmission day.
When is a document other than a claim form that was served in person deemed to have been served?
If served personally before 4.30pm - on that date. If not, the following business day.
Can documents be served by alternative methods?
Yes - the same requirements for a court ordering an alternative method apply as with the claim form.
CPR 10?
Acknowledgement of Service
When must D file an acknowledgement of service?
When either they are unable or unwilling to file a defence in the time period OR when they wish to dispute court jurisdiction.
What is the consequence of D not filing an acknowledgement of service?
If D files no acknowledgement of service or defence within the time limit, C may move to obtain a default judgment under Part 12.
What is the time limit to file an acknowledgement of service?
14 days after service of a separate particulars of claim, or 14 days after service of claim form incl. particulars - unless 3 exceptions apply.
What 3 exceptions are there to the time limit on filing acknowledgement of service?
The time limit varies for claims served out of jurisdiction, where the court has ordered a different time, or where the court orders extra-jurisdictional service.
CPR 15?
Defence and Reply
CPR 15.2?
A defendant who wishes to defend ALL OR PART of a claim MUST file defence.
What is the time period for filing defence?
Defence must be filed within 14 days of service of the particulars, or, if D filed acknowledgement of particulars, 28 days after their service.
What are exemptions to the time period for filing defence?
where CF issued outside jurisdiction; contesting the court’s jurisdiction; C files for summary judgment.
How may the period of time for filing a defence be extended?
D and C may agree to extend the time period for filing defence up to 28 days - D must notify the court of this in writing.
CPR 15.6?
A copy of the defence must be served on all parties: if it isn’t, C can’t apply for default judgement but can apply for strike out of defence.
How should a counterclaim be filed?
A counterclaim from D should form one document along with the defence served (unless good reasons why not).
How should a claimant reply to defence and/or counter claim?
A reply to defence should be filed with a directions questionnaire and served on all parties; if there’s defence to counterclaim this should all be in one document.
What should C do if D pays a money claim but they still wish to proceed with suing?
Court will send notice requiring C to state in writing whether they wish to proceed, if they do not respond in 28 days the claim will be stayed.
What happens to a claim if it is not defended or admitted?
If 6 months have passed since deadline for filing defence and there has been none, no admission, counterclaim or strike out, and C hasn’t applied for judgment, the claim shall be stayed.
