Service of the claim form

Question 1

What are the five methods of serving a claim form?

Answer 1

Personal service, first-class post, document exchange or other service; leaving the claim form at a specific place, fax or other means of electronic communication and any other method authorised by the court

Question 2

What is personal service?

Answer 2

This is where the claim form is served personally on an individual by leaving it with that individual. This must be in England or Wales.

Question 3

What if you attempt personal service, but the individual refuses to accept the claim form?

Answer 3

You should tell the individual what the document contains and it should be left with him or near him

Question 4

Can you use personal service on a partnership?

Answer 4

Yes, it should be left with a partner or person who, at the time of service, has control or management of the partnership business.

Question 5

What is first class post or alternative ‘next working day’ delivery?

Answer 5

This provides for delivery on the next working day. This should not be done by second class delivery or any other postal method such as recorded delivery.

Question 6

What is leaving the claim form at a specified place?

Answer 6

Here, the claim form is delivered by hand.

Question 7

What is ‘through a document exchange (DX)’?

Answer 7

If a party has been given a DX box number as its address for service, then that can be used to serve the claim form

Question 8

What is ‘by fax’?

Answer 8

The party or his solicitors must have indicated in writing, a willingness to accept service by fax and stated the fax number

Question 9

What is ‘by other electronic means’ such as email?

Answer 9

A party to be served by other electronic means must have expressly indicated in writing the email address or electronic identification to which it should be sent. An email on headed notepaper is not enough.

Question 10

What is ‘service on limited companies’?

Answer 10

Where the party to be served is a limited company, the documents must be left at or posted to the registered office of the company.

Question 11

Where do you serve a claim form when serving an individual?

Answer 11

Usual or last known residence

Question 12

Where do you serve a claim form when serving an individual being sued in the business name of a partnership?

Answer 12

Usual or last known residence, or the principal or last known place of business of the partnership

Question 13

Where do you serve a claim form when serving a limited liability partnership?

Answer 13

Principal office of the partnership or any place of business of the partnership within the jurisdiction that has a real connection with the claim

Question 14

Where do you serve a claim form when serving a corporation in England or Wales?

Answer 14

Principal office of the corporation or any place where the corporation carries out activities, within the jurisdiction which has a real connection with the claim

Question 15

Where do you serve a claim form when serving a company in England or Wales?

Answer 15

Principal office of the company or any place where the company carries out activities, within the jurisdiction which has a real connection with the claim

Question 16

What is the general rule for serving?

Answer 16

The claim form should be served following the relevant steps outlined, before 12am on the calendar day four months after the date of issue of the claim form

Question 17

How is a claim form considered served by personal service?

Answer 17

Once the relevant step is satisfied (handing it to the person or leaving it with them)

Question 18

How is a claim form considered served by first class post, DX or other service providing next day delivery?

Answer 18

Posting, laving with, delivering to or collection by the relevant service provider.

Question 19

How is a claim form considered served by delivery of the document to or leaving it at the relevant place?

Answer 19

Delivering to or leaving the document at the relevant place

Question 20

How is a claim form considered served by fax?

Answer 20

Completing the transmission of the fax

Question 21

How is a claim form served by other electronic method?

Answer 21

Sending the email or other electronic transmission

Question 22

Why is it difficult to determine if the claim form has been served?

Answer 22

It can be tricky to determine when the defendant has received it.

Question 23

What is deemed the date of service for personal service?

Answer 23

If served on a business day before 4:30pm, it is deemed served on that same day. If not, then it is deemed served on the next business day after that day.

Question 24

What is deemed the date of service for first class post or other service providing next day delivery?

Answer 24

The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day, or if not, then it is deemed served on the next business day after that day

Question 25

What is deemed the date of service for delivering the document to or leaving it at a permitted premises?

Answer 25

If delivered or left on a business day before 4:30pm, on that day. If not, on the next business day after that day.

Question 26

What is deemed the date of service for Document Exchange (DX)?

Answer 26

The second day after it was left with, delivered to or collected by the relevant service provider, providing that day is a business day. If not, then the next business day after that day.

Question 27

What is deemed the date of service for fax?

Answer 27

If the transmission of the fax is completed on a business day before 4:30pm, then that day. If not, then the next business day after that day.

Question 28

What is deemed the date of service for other electronic methods?

Answer 28

If the email or other electronic transmission is sent on a business day before 4:30pm, then that day. If not, then the next business day after that day.

Question 29

What constitutes a business day?

Answer 29

Any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day