service of proceeding

Question 1

TIME LIMITS FOR SERVICE OFTHE CLAIM FORM

Answer 1

1. Must Be Served Within Four Months
   The rules state that a sealed claim form must be served on the defendants within four months of the date of issue, that is, before midnight on the calendar day four months after the date of issue.
2. Time Limit for Service Out of the jurisdiction
   If serving a party outside the jurisdiction, service must take place within six months of the date of issue.

Question 2

service by court

Answer 2

The court will serve unless the claimant specifcally asks them not to do so

Question 3

Service by First Class Post

Answer 3

If the claimant asks the court to serve, the court will normally post the proceedings to the defendants by frst class post.

Question 4

7

Documents Included for Service

Answer 4

When serving, the court will include
1.the claim form and
2. **Particulars of Claim (if provided), attaching
3. the medical report where appropriate and
4. a schedule of past and future loss and expense
5. notice of funding, and
6. any certifcate of suitability of a Litigation Friend, if requested to do so.
7. The court will also serve on the defendant the response pack**—a form the defendant is to send back to the court containing an acknowledgement of service and an indication of whether the defendant will defend or contest jurisdiction.

Question 5

Solicitor Service

Answer 5

If the claimant asks the court to return the claim form to them for service, it becomes the responsibility of the claimant to
ensure that they serve the proceedings on time and that all the relevant documents are included.

Question 6

5

Other Methods of Service
Service does not have to be by post; a claimant may serve
the defendant by a variety of methods.

Answer 6

a.Service on Defendant’s Nominated Solicitors
b.Personal Service
c.‘Handed to the Individual Being Served’
d.Fax
e.Document Exchange (‘DX’)
f.Email

Question 7

2

Service on Defendant’s Nominated Solicitors

Answer 7

1. If the defendant has nominated solicitors to accept service, the proceedings usually must be served on the nominee unless, of course, a contract provides otherwise.
2. However, if the defendant is a company, delivery or posting to the company’s registered ofifce address will suffice.

Question 8

3

Personal Service
If the defendant has not nominated solicitors, a claimant may serve the defendant personally:

Answer 8

1. In the case of an individual, by leaving the proceedings with the individual being served;
2. In the case of a company, by leaving the proceedings with a person holding a senior position within the company (for example, Chairman, Chief Executive Officer, Managing Director, or company director); or
3. In the case of a partnership being sued in the firm name, by leaving it with a partner or, alternatively, a person who at the time of service has control or management of the partnership business at its principal place of business.

Question 9

‘Handed to the Individual Being Served’

Answer 9

Personal service does require that the individual being served take hold of the papers, although the courts have held that if the recipient hands them back or simply **throws **them on the ground, it is good service so long as the process server has explained the **general nature **of the documents.

Question 10

3

Fax
Service by fax can take place if:

Answer 10

1. A party or the party’s legal representative has** indicated in writing **that they are willing to accept service by fax;
2. The party has given the fax number to which documents should be transmitted (a fax number on the firm’s writing paper would be considered express notice unless indicated to the contrary); and
3. The fax number is within the jurisdiction.

Question 11

Document Exchange (‘DX’)

Answer 11

A claim form can be served by document exchange (‘DX’) if
the party’s address for service includes a DX, the DX number is on the party’s writing paper, and **there has been no explicit indication that service will not be accepted **by this method.

Question 12

3

Email

Answer 12

A claim may be served by email
1. **only if there is express consent to **such service and
2. the party has given the email address to which parties should transmit documents.
3. An email address on a firm’s paper is not sufifcient to amount to express consent to service by email. Neither does the mere fact that the parties have communicated via email constitute express consent for service by email.

Question 13

WHEN IS CLAIM FORM DEEMED TO BE
SERVED?

Answer 13

the CPR includes an indisputable presumption that the claim form is deemed to be served, whatever the method of service,** on the second business day **after the step set out in the following table has occurred. (The CPR defines ‘business day’ as any day except Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day.)

Question 14

method
personal service

Answer 14

step required
Leaving the claim form with the individual/partner

Question 15

Post or DX

Answer 15

Posting, leaving with the
relevant service provider

Question 15

Fax

Answer 15

Completing the transmis-
sion of the fax

Question 16

2

EXCEPTIONAL CIRCUMSTANCES

Answer 16

1. Defendant’s Whereabouts Unknown
2. Defendant in Prison

Question 16

Other electronic method

Answer 16

Sending the email or other e-transmission

Question 16

3

Defendant’s Whereabouts Unknown

Answer 16

1. If the claimant knows the defendant’s whereabouts, the
   claimant must serve the claim form on the defendant at that address.
2. If the claimant believes that the defendant no longer lives at an address, the claimant must **take reasonable steps and make reasonable enquiries **to ascertain the defendant’s current address. Otherwise, it should be safe to serve on the defendant’s last known address.
3. If there is any doubt, it may be prudent to make an application for alternative service

Question 17

CLAIM THAT SERVICE WAS NOTVALID

Answer 17

If a defendant proposes to argue that service of the proceedings was not valid, they need to indicate as such on the acknowledgement of service and make an application within 14 days.

Question 18

CERTIFICATE OF SERVICE

Answer 18

If the court serves the claim form, it will issue a certifcate of service and send it to the claimant. If the proceedings are
undelivered, the court will notify the claimant.

*If the court has entered judgment, the court will deem the proceedings served, as long as the address for service is the correct address.

*If the court has not entered judgment, the claimant ideally should try another method of service or may wish to make an application for alternative service.

*If the claimant’s solicitor is serving, they need to file a certifcate of service within 21 days.

Question 19

2

SERVICE OUTSIDE THE JURISDICTION

Answer 19

1. If the defendant resides abroad or the action is against an entity located out of the jurisdiction, service of the claim form might require** permission of the court**.
2. Permission is not required if the defendant resides in Scotland or Northern Ireland or in other situations in which the defen-dant is resident in the United Kingdom.

Question 20

SERVICE BY ALTERNATIVE METHOD

Answer 20

If service might not be achieved within the validity period of a claim form, the CPR enables the court to permit service by an alternative method or at an alternative place on application of a party if they can show a good reason for the order.

Question 23

2

SERVICE OF PARTICULARS OF CLAIM

Answer 23

1. If the Particulars of Claim is not served at the same time as the claim form (either on the back of the claim form or separately), it needs to be served within 14 days of service of the claim form, failing which the claimant is out of time and proceedings have not been validly served.

2.If 14 days would take the claimant past four months from issue of the claim form, then they must ensure that they serve the Particulars of Claim within four months to be in time.

EXAMPLE
A claim form marked ‘Particulars of Claim to follow’ is issued on 1 March. The claim form must be served by 12 midnight on 1 July.
If the claim form is served on say 10 April, the claimant must serve the Particulars of Claim by 24 April. If it is served on 25 June, the claimant must serve the Particulars of Claim by 1 July.

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