Service Of Claim Form

Question 1

Who can serve claim form

Answer 1

By court or claimant’s solicitor

Question 2

Court service procedure

Answer 2

First class post
Send claimant a notice of issue after
Send notice of non-service if couldn’t send, then up to claimant to send

Question 3

Claimant or solicitor procedure

Answer 3

*Notify court they wish to serve themselves
*Court will send claim form
*Solicitor must file CERTIFICATE OF SERVICE WITHIN 21 days of service (CPR 6.17)
If defendant files AS, no certificate of service required.

Question 4

Methods of service for claim form CPR 6.3

Answer 4

• Personally
• Leave at permitted address
• First class post
• Document Exchange (DX)
• Fax
• Electronic

Question 5

Place of Service

Answer 5

If defendant gives solicitor’s address in writing, then serve there (CPR 6.7)
Otherwise, serve at residence or business address(CPR 6.8)

Question 6

Time limit for service of Claim form

Answer 6

Must be served before 12 midnight 4 months after the date of issue

A claim will automatically fail, if not served on time

Question 7

Extension of time to serve claim form (CPR 7.6)

Answer 7

C must apply for extension

Must be within 4 months and must show good reasons

Question 8

Serving Particulars of Claim

Answer 8

If POC are served with CF, response pick must be served (CPR 7.8(1)

If POC are not served with CF, serve within 14 days CPR 7.4(2)

C must file a copy of POC at court within 7 days of service (CPR 7.4(3))

Question 9

What is the prayer ?

Answer 9

A summary of remedies sought by the claimant