Service of Proceedings Flashcards
When must the claim for be served on D?
The sealed claim form must be served on D within 4 months of the date of issue.
NOTE: If outside jxd, this is 6 months
Other than by mail, what other methods of service can the claimant’s solicitor use?
D’s Nominated Solicitors
Personal Service
Handed to the individual being served
Fax
Document Exchange
Email
Who can you serve if D has nominated solicitors?
If D is an individual, MUST serve on the nominated solicitors unless otherwise provided for by contract
If D is a company, delivery to company’s registered office address is fine
If personal service, who should C serve?
Individual D: leave it with them
Company D: leave it w senior person
Partnership D: a partner or someone who has control of the partnership at the time of service
Is service effective if you hand D the documents?
Yes, so long as you explain the general nature of the documents to them
When can you serve by fax?
(1) D has indicated in writing that they will accept service by fax
(2) D has provided the fax number
(3) Fax number is within the jxd
When can you serve by email?
Only if:
(1) There is express consent to such service
(2) The email address for service is provided (an email on a firm’s paper is NOT sufficient)
How to calculate the date of deemed service?
On the second business day after the step to serve D (e.g., by sending the email)
How can D argue that service was not valid
Indicate as such on the acknowledgement of service + make an application within 14 days
