Service of proceedings Flashcards
When must the claim form be served on the defendant?
Before midnight on calendar day 4 months after the date of issue; 6 months if outside the jurisdiction.
What is required for service outside the jurisdiction?
Court permission, unless the defendant resides in Scotland or Northern Ireland.
How does the court usually serve documents?
By first class post.
Can the claimant serve documents themselves?
Yes, the claimant can serve by first class post.
What must be included in the service?
Claim form, notice of funding, and the defendant’s response pack.
How can service be made via document exchange?
If the party’s address for service includes a DX or there is a DX number available.
When can service be made by email?
Only with express consent and if the party has provided their email address.
When is a claim form deemed to be served?
On the second business day after it has been mailed, delivered, faxed, emailed, or sent by DX.
What must the defendant do to contest service?
Indicate on the acknowledgment of service and apply to set the service aside within 14 days.
What does the court issue if it serves the claim form?
A certificate of service sent to the claimant.
What if particulars of claim are not served with the claim form?
The claimant must serve the particulars within 14 days and within 4 months of issuance.
What can the court allow if service might not be achieved within the validity period?
Service by an alternative method or place on application if there is good reason.
