Unit 5 Commencement Flashcards
What methods of service of a claim form are allowed?
a. personal service;
b. first class post, document exchange or other service which provides for delivery on the next business day;
c. leaving it at a place specified;
d. fax or other means of electronic communication; or
e. any method authorised by the court.
Who SERVES the claim form?
(1) The court will serve the claim form except where—
a. a rule or practice direction provides that the claimant must serve it;
b. the claimant notifies the court that the claimant wishes to serve it; or
c. the court orders or directs otherwise.
(2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.
(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.
Who’s responsibility is it to ensure the defendant’s address for service is known and included?
The drafting of the claim form is the responsibility of the claimant and it is the claimant who must ensure that the address at which the defendant may be served is included in it. In those cases where the claim form is to be served by the court the sense of this requirement is obvious. In those cases where it is to be served by the claimant it has practical utility (e.g. by ensuring congruence between the claim form and the certificate of service filed by the claimant).
The place of service of:
Individual
Usual or last known residence.
The place of service of:
Individual being sued in the name of a business
Usual or last known residence of the individual; or principal or last known place of business.
The place of service of:
Individual being sued in the name of a partnership
Usual or last known residence of the individual; or principal or last known place of business of the partnership.
The place of service of:
Limited Liability Partnership
Principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim.
The place of service of: Corporation (other than a company) incorporated in England and Wales
Principal office of the corporation; or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
The place of service of: Company registered in England and Wales
Principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim.
The place of service of: Any other company or corporation
Any place within the jurisdiction where the corporation carries on its activities; or any place of business of the company within the jurisdiction.
What is deemed service?
A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).
Relevant step under 7.5(1) for deemed service of CLAIM FORM if served by: First class post, document exchange or other service which provides for delivery on the next business day
Posting, leaving with, delivering to or collection by the relevant service provider
DEEMED SERVICE IS ON THE SECOND BUSINESS DAY AFTER COMPLETING THIS STEP.
Relevant step under 7.5(1) for deemed service of CLAIM FORM if served by:
Delivery of the document to or leaving it at the relevant place
Delivering to or leaving the document at the relevant place.
DEEMED SERVICE IS ON THE SECOND BUSINESS DAY AFTER COMPLETING THIS STEP.
Relevant step under 7.5(1) for deemed service of CLAIM FORM if served by:
Personal Service
Completing the relevant step required by rule 6.5(3). The step required by r.6.5(3), in the case of personal service on an individual, is that of “leaving it with that individual”; the steps required in the case of such service on a company or a partnership are also stipulated in that provision.
DEEMED SERVICE IS ON THE SECOND BUSINESS DAY AFTER COMPLETING THIS STEP.
Relevant step under 7.5(1) for deemed service of CLAIM FORM if served by:
Fax
Completing the transmission of the fax.
DEEMED SERVICE IS ON THE SECOND BUSINESS DAY AFTER COMPLETING THIS STEP.
Relevant step under 7.5(1) for deemed service of CLAIM FORM if served by:
Other Electronic Method
Sending the email or other electronic transmission.
DEEMED SERVICE IS ON THE SECOND BUSINESS DAY AFTER COMPLETING THIS STEP.
What is the deemed date of service OF POC for: First class post (or other service which provides for delivery on the next business day)
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, the next business day after that day.
What is the deemed date of service OF POC for: Document exchange
The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
What is the deemed date of service OF POC for: Delivering the document to or leaving it at a permitted address
If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.
What is the deemed date of service OF POC for: Fax
If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted.
What is the deemed date of service OF POC for: Other electronic method
If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.
What is the deemed date of service for OF POC: Personal service
If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.
Can the claimant be granted an extension of time for service of the claim form?
Yes if application is made to the court within the time period that they wish to extend. A claimant who is granted an extension of time for service of the claim form without notice to the defendant needs to be aware that the order may be set aside subsequently on an application by the defendant.
What can the court consider in deciding whether a claimant made all reasonable steps to serve a claim form?
In determining whether a claimant has taken “all reasonable steps to serve the claim form” the court is limited to taking into account steps taken during the four month period allowed by r.7.5, and steps taken after that time are irrelevant, and a claimant who leaves their effort to effect proper service on a defendant whose address they do not have, until the day before the expiry of the four month period, did not comply with the rule. However, it is the whole of the four month period that must be taken into consideration: Hallam Estates Ltd v Baker [2012] where the Master was found to have erred in confining his consideration only to the end of that period and in ruling that the expiration of the limitation period was merely to be considered only as potentially raising prejudice.