Service & DDS Flashcards
Meaning of service
Giving a document to another party in a way recognised by the court.
How does the court serve the claim form?
- First class post.
- Sends C a notice of issue stating the DDS.
- Notice of non-service – up to the claimant to serve claim form.
How does the claimant serve the claim form?
- Claimant must ask the court.
- Court hands over sealed claim form and issued copies for service.
- Claimant must file a certificate of service within 21 days of service confirming the date it was send and method used.
- Step 3 not needed where D has already acknowledged the claim.
Methods of service
- First class post/DX;
- Personal service;
- Leaving documents at permitted address
- Fax;
- Electronic methods.
Note – where an unauthorised method is used there is no service.
Permitted address for service
Solicitor’s address when given in writing or residence/business of D in the UK and approved by D for the purpose of proceedings.
Permitted address for LLPs/companies where not indicated by the defendant
Any place of business within the jurisdiction which has a real connection with the claim.
Time limit for service of claim form
The ‘relevant step’ must be completed on the calendar day four months after issuing the claim.
Example – 1 January; 1 May.
Extension of time limits for service – requirements
- Must be requested within the 4 months validity period;
- There must be good reason for the delay.
Service of claim form after the validity period has expired
- Court has failed to serve;
- C has taken all reasonable steps to comply;
- Application is made promptly.
Service of Particulars of Claim
- Served with the claim form (rules for claim form).
- Served separately – 14 days from DDS of the claim form and within the overall period of validity of 4 months.
Note – C must file a copy at court within 7 days of service.
Service of other documents
14 days from service of the claim form and within the overall period of validity of 4 months.
Note – D must provide service address going forward.
Methods of service and relevant step (service of claim form)
- Personal service/leaving document > leaving the claim form with D.
- First class/DX > posting or handing in claim form.
- Fax > completing the transmission.
- Electronic method > sending the email/transmission.
Definition of Deemed Date of Service (DDS).
Date by which documents are treated as received (whether actually received or not).
DDS – claim form
Second business day after the relevant step has been taken.
Example – posted on Mon; DDS Wed.
DDS – particulars of claim
- Contained in the claim form – same as for the CF.
- Sent separately – rules for other documents.
- Contained in the same envelope – prudent to consider DDS as same as for the CF i.e. second business day after relevant step.
DDS – instant methods
- Sent before 4.30pm – same day.
- Sent after – next business day.
DDS – non-instant methods
- Second business day after posting.
- If the second day is not a business day > next business day i.e. posted Thu > DDS Mon.
Document name for the claim form
Form N1
Define ‘prayer’
Summary of remedies sought included at the end of the particulars of claim and referring to (i) damages; (ii) interest.
Interest on personal injury claims
Where the award of damages is at least £200 the general rule is that some interest must be paid.
Requirements for statements of case
- Headed with title proceedings;
- Include a statement of truth;
- Comply with content/formatting requirements i.e. numbered paragraphs.
Note – cost consequences otherwise.
Failure to include a statement of truth in certain documents
Document remains effective but can be struck out by the court and the party cannot rely on the evidence included in it (very limited use).
Failure to include a statement of truth in certain documents
Document remains effective but can be struck out by the court and the party cannot rely on the evidence included in it (very limited use).
