Service of the Claim Form and other Documents Flashcards
A claimant is suing a limited company registered in England. Where should the claim form be served if the company has multiple offices?
A) Any office within the jurisdiction
B) The company’s principal office or any place of business connected to the claim
C) Any location where an employee is present
D) The personal address of the company’s director
B – The company’s principal office or any place of business connected to the claim
📌 Explanation: Under CPR 6.9, a company’s claim form must be served at its principal office or any place of business that has a real connection to the claim.
A solicitor wishes to serve a claim form via email. Under what circumstances is this valid?
A) The defendant is aware of the claim
B) The solicitor prefers electronic communication
C) The court has given permission to use email for service
D) The defendant has explicitly agreed to accept service via email
D– The defendant has explicitly agreed to accept service via email
📌 Explanation: CPR 6.3 states that electronic service (including email) is only valid if the defendant has previously agreed in writing to accept service in this manner.
A claim form was issued on 1st January. By what date must the claim form be served?
A) 31st January
B) 1st April
C) 1st May
D) 30th June
C – 1st May
📌 Explanation: CPR 7.5 requires that the claim form must be served within 4 months of issue (for claims within the jurisdiction).
A claimant needs to serve a claim form on an individual defendant who frequently moves between addresses. What is the best approach?
A) Send the claim form to the defendant’s solicitor
B) Leave the claim form at the defendant’s last known address
C) Personally hand the claim form to the defendant wherever they are found
D) Publish the claim form in a newspaper
C – Personally hand the claim form to the defendant wherever they are found
📌 Explanation: Under CPR 6.5, personal service is valid anywhere the defendant is found within the jurisdiction.
A claimant posts a claim form by first-class post on Monday, 10th June. When is it deemed served?
A) 10th June
B) 11th June
C) 12th June
D) 13th June
C – 12th June
📌 Explanation: CPR 6.26 states that a document sent by first-class post is deemed served on the second business day after posting.
A claimant forgets to serve the claim form within 4 months and applies for an extension. Under what circumstance is an extension likely to be granted?
A) The claimant was waiting for further evidence
B) The defendant’s solicitor agreed to accept service late
C) The claimant has taken all reasonable steps to serve in time and applied promptly
D) The claimant misunderstood the deadline
C – The claimant has taken all reasonable steps to serve in time and applied promptly
📌 Explanation: CPR 7.6(3) allows an extension only if the claimant took all reasonable steps to serve the claim within time and applied promptly.
A claim form is mistakenly sent to the defendant’s insurer instead of the defendant. What is the most likely outcome?
A) The court will grant judgment in favour of the claimant
B) The claim form is invalidly served and must be re-served correctly
C) The insurer is legally bound to notify the defendant
D) The court will allow the claim to proceed if the defendant has been made aware
B – The claim form is invalidly served and must be re-served correctly
📌 Explanation: The CPR does not permit service on an insurer unless specifically authorised. If served incorrectly, the claimant must re-serve correctly before the deadline.
A claimant wishes to serve proceedings on a defendant who has moved to France. What should they do?
A) Serve the claim form in the usual manner and notify the court later
B) Apply to the court for permission to serve outside the jurisdiction
C) Send the claim form via first-class post to the defendant’s last UK address
D) Publish a notice of proceedings in an English newspaper
B – Apply to the court for permission to serve outside the jurisdiction
📌 Explanation: CPR 6.36 requires court permission before serving a claim form outside England & Wales.
A claimant is trying to serve a claim form on a defendant who is deliberately avoiding service. What is the best course of action?
A) Keep attempting personal service until successful
B) Apply to the court for alternative service under CPR 6.15
C) Serve the claim form at the defendant’s employer’s office
D) Abandon the case due to lack of service
B – Apply to the court for alternative service under CPR 6.15
📌 Explanation: If personal service is impractical, the court may allow alternative methods such as email, social media, or leaving documents at a known location.
A claimant needs to serve a claim form on a business partnership. Which of the following is not a valid service method?
A) Leaving the claim form at the partnership’s last known business address
B) Serving any partner personally
C) Sending the claim form by first-class post to a partner’s home
D) Sending the claim form to the partnership’s accountant
D – Sending the claim form to the partnership’s accountant
📌 Explanation: CPR 6.9 allows service at the business address or personal service on a partner, but not on third parties like accountants.
