Service of the Claim Form and Other Documents Flashcards
Who will effect service of the claim form?
Must be served by either: 1) The court, 2) The claimant / claimant’s solicitor
If the court serves the claim form, what happens?
Usually first class post. Once effected service, court sends notice of issue stating deemed date of service. If court unable to serve, notice of non-service is sent to claimant.
If the claimant / claimant’s solicitor wishes to serve the claim form, what happens? What happens once served?
Claimant must notify the court when issuing claim, and the court sends the claimant issued claim form with sealed copies for service on Defendant. The claimant serves and solicitor files certificate of service within 21 days.
How should a service of claim be done by Court and by C?
Court will use first class, but C can use several methods of service.
Methods of service for claim form
1) Personally on D 2) Leaving document at permitted address 3) First class post 4) Document exchange 5) Fax (only if D accepts) 6) Other electronic methods (if D accepts) 7) Any method authorised by court
Place of service for the claim form
1) Personally – anywhere within jurisdiction 2) Fax/email – D will indicate 3) Address – thought to be served at address D resides or conducts business.
Time limit for service of claim form
Must be served before 12:00 midnight on the calendar day four months after date of issue of the claim form. If not served within this time, claim will fail automatically.
How does one extend time to serve claim form?
Application should be made within the four-month period. Court will grant extension only if claimant took all reasonable steps to comply.
When must particulars of claim be served?
Can be served with the claim form or separately. If served with claim form, C must also serve response pack. If not, it must be served within 14 days.
What happens after service of claim form?
Consider ‘deemed service’. D is required to respond.
