Service of the claim form and other documents

Question 1

who can serve a claim?

Answer 1

the court or

the claimant or

the claimant solicitor

Question 2

What happens when the court serves the claim?

Answer 2

Service will be by first class post

Once service has been effected the court will send a notice of issue stating the deemed date of service

If court cannot serve the claim then the court will send claimant a notice of non service - C then has to try to serve the claim on the defendnat

Question 3

What happens when C or C’s solicitor serves the claim?

Answer 3

Notify the court they do not wish for the court to serve

Court will send the C the issued claim form with sealed copies of service on the defendant

The claimant effects service

C’s solicitor will file a certificate of service at court in 21 days of service, certifying details of the date on which the claim was posted/ delivered/ transmitted and the method and address used

Question 4

when do you not need to file a certificate of service?

Answer 4

If all of the defendants have filed an acknowledgement of service

Question 5

What are the methods of service available to the claimant

Answer 5

Court will use first class post

Claimant can use following methods of service:

1. Personally serve on the defendant
2. Leave the document at permitted address
3. First class post of DX
4. Fax - but requires permission from defendant
5. Other electronic means - email - but again permission is needed from defendant

Question 6

What happens if defendant gives in writing a solicitor’s address in jurisdiction for date of service?

Answer 6

The service must be to the solicitor’s address

Question 7

How is the address for service used of the person is an individual?

Answer 7

Usual or last residence

Question 8

How is the address for service used of the person is an individual sued in the name of a business?

Answer 8

Usual or last known residence of the individual or principal or last known place of business

Question 9

How is the address for service used of the person is an individual sued in the business name of a partnership?

Answer 9

Usual or last known residence of the individual or

principal or last known place of business of the partnership

Question 10

How is the address for service used of the person is a LLP or a company

Answer 10

principal office of the partnership or company or

any place of business of the partnership or company within the jurisdiction which has a real connection with the claim

Question 11

When must the claim form be served? - LIMITATION PERIODS

Answer 11

Claim forms do not remain valid indefinately once issued

If issuing in jurisdiction - the relevant step must be completed before midnight on the calendar day 4 months after the date of issue of the claim form

If out of jurisdiction - 6 months.

Question 12

What happens if the claim form is not served in time?

Answer 12

The claim fails automatically

If still want to pursue the claim - need to issue a new claim form and pay fee again

or c can apply for extension

Question 13

What are the conditions for applying for an extension for service of claim form??

Answer 13

Application needs to be made within the 4 months of the validity of the claim form and good reason will need to be shown for extension

Waiting for further evidence from pre action correspondance is unlikely to be good reason

Question 14

When will the court grant an extension if the deadline has already passed?

Answer 14

It is the court that failed to serve the claim form; or

the claimant has taken all reasonable steps to comply; and
either way the application has been made promptly

Question 15

What is the purpose of particulars of claim?

Answer 15

C sets out the claim in detail

can be included with the claim form or alone or followed later

Question 16

What happens if the particulars are contained or served with the claim form?

Answer 16

The claimant must also serve the response pack along with the claim form and particulars of claim

Question 17

What must be in the response pack

Answer 17

form for admission

form for defending and

forms for acknowledging service

Question 18

What is the limitation for serving particulars of claim separately from the claim form?

Answer 18

Must be served within 14 days of the service of the claim form and within the period of the validity of the claim form

Question 19

What does C need to do once particulars of claim are served?

Answer 19

The claimant must file a copy at court within 7 days of service unless it has already been filed

Question 20

What happens once the claim form and the particulars of claim have been deemed served on the defendant?

Answer 20

D is required to respond to the particulars if wishes to contest the claim