Service & DDS

Question 1

Meaning of service

Answer 1

Giving a document to another party in a way recognised by the court.

Question 2

How does the court serve the claim form?

Answer 2

1. First class post.
2. Sends C a notice of issue stating the DDS.
3. Notice of non-service – up to the claimant to serve claim form.

Question 3

How does the claimant serve the claim form?

Answer 3

1. Claimant must ask the court.
2. Court hands over sealed claim form and issued copies for service.
3. Claimant must file a certificate of service within 21 days of service confirming the date it was send and method used.
4. Step 3 not needed where D has already acknowledged the claim.

Question 4

Methods of service

Answer 4

1. First class post/DX;
2. Personal service;
3. Leaving documents at permitted address
4. Fax;
5. Electronic methods.

Note – where an unauthorised method is used there is no service.

Question 5

Permitted address for service

Answer 5

Solicitor’s address when given in writing or residence/business of D in the UK and approved by D for the purpose of proceedings.

Question 6

Permitted address for LLPs/companies where not indicated by the defendant

Answer 6

Any place of business within the jurisdiction which has a real connection with the claim.

Question 7

Time limit for service of claim form

Answer 7

The ‘relevant step’ must be completed on the calendar day four months after issuing the claim.

Example – 1 January; 1 May.

Question 8

Extension of time limits for service – requirements

Answer 8

1. Must be requested within the 4 months validity period;
2. There must be good reason for the delay.

Question 9

Service of claim form after the validity period has expired

Answer 9

1. Court has failed to serve;
2. C has taken all reasonable steps to comply;
3. Application is made promptly.

Question 10

Service of Particulars of Claim

Answer 10

1. Served with the claim form (rules for claim form).
2. 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.

Question 11

Service of other documents

Answer 11

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.

Question 12

Methods of service and relevant step (service of claim form)

Answer 12

1. Personal service/leaving document > leaving the claim form with D.
2. First class/DX > posting or handing in claim form.
3. Fax > completing the transmission.
4. Electronic method > sending the email/transmission.

Question 13

Definition of Deemed Date of Service (DDS).

Answer 13

Date by which documents are treated as received (whether actually received or not).

Question 14

DDS – claim form

Answer 14

Second business day after the relevant step has been taken.

Example – posted on Mon; DDS Wed.

Question 15

DDS – particulars of claim

Answer 15

1. Contained in the claim form – same as for the CF.
2. Sent separately – rules for other documents.
3. Contained in the same envelope – prudent to consider DDS as same as for the CF i.e. second business day after relevant step.

Question 16

DDS – instant methods

Answer 16

1. Sent before 4.30pm – same day.
2. Sent after – next business day.

Question 17

DDS – non-instant methods

Answer 17

1. Second business day after posting.
2. If the second day is not a business day > next business day i.e. posted Thu > DDS Mon.

Question 18

Document name for the claim form

Answer 18

Form N1

Question 19

Define ‘prayer’

Answer 19

Summary of remedies sought included at the end of the particulars of claim and referring to (i) damages; (ii) interest.

Question 20

Interest on personal injury claims

Answer 20

Where the award of damages is at least £200 the general rule is that some interest must be paid.

Question 21

Requirements for statements of case

Answer 21

1. Headed with title proceedings;
2. Include a statement of truth;
3. Comply with content/formatting requirements i.e. numbered paragraphs.

Note – cost consequences otherwise.

Question 22

Failure to include a statement of truth in certain documents

Answer 22

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).

Question 23

Failure to include a statement of truth in certain documents

Answer 23

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).