SERVICE WITHIN THE JURISDICTION
SERVICE OF CLAIM FORMS
WHEN MUST THE CLAIM FORM BE SERVED?
must be served within validity period
validity period = 4 months from date of issue if issued 8 Jan validity expires at midnight on 8 May
latest can issue = last day of limitation period
validity period continues to run during stay
Applications to renew the validity period, to enable to C to serve within it
apply during validity period
need good reason:
negligence of C's solicitors
deliberately not serving to avoid prejudicing ongoing negotiations
awaiting expert's report before drafting particulars of claim (C should serve claim form and seek extension of PoC)
seeking time to prep particulars, schedule of loss and damage, medical evidence
seeking extension while arranging funding litigation (C should seek stay whilst funding arranged)
difficulties in effecting service of claim form e.g. D evading service
C could not have known about claim till last minute
if litigation has OR might expire - also consider balance of prejudice (only extended in exceptional circumstances)
apply after validity period
only if C has acted promptly in making application; AND
court fails to serve claim form; OR
C has taken all reasonable steps to serve but has been unable to e.g. thinks has effected service, discovers later hasn't
procedure
may be without notice
must be supported by evidence, disclosing all relevant facts
once order made, must serve order + application notice + evidence on D (unless court orders otherwise)
D can apply to set aside order within 7 days of service of order
HOW AND WHERE IS THE CLAIM FORM SERVED?
Who serves the claim form?
the court (and court decides which method), unless:
rule or PD specifies C must serve
C notifies court wants to serve
court orders otherwise
if court serves, will notify C of deemed date of service, if returned to sender, if bailiff unable to serve
Address for service
must include full postcode, unless court orders otherwise
Methods of service
personal service
individual - leave with D
if D uncooperative, served if D aware what document is AND has sufficient opportunity to have in possession
company - leave with person in senior position
partners sued in name of partnership - leave with partner managing business at principal place
leaving at D's address for service
post
any next business day delivery service NOT just Royal Mail
place in post box OR leave with / have collected by service provider
DX (delivery system between offices)
can use if D's address / paper of D or solicitor includes DX number AND NOT unwilling to be served by DX
electronic communication (including fax, email)
can use if
D / solicitor indicates in writing willing to accept (if serving D, D must have included e-address on SoC); AND
have inquired if recipient has any limitations on format size etc.
method specified in contract
consensual / ad hoc service - D consents to being served by particular method
alternative service e.g. newspaper advert, text message, NOT fax
court will order if good reason (before C attempts service OR to rectify faulty service)
may apply without notice
must support with written evidence: why sought; proposed method; why will be efffective
Prescribed hierarchy of methods of service (C can’t choose)
When D has not given an address for service - last known address
D can be served at last known address provided at one time was D's residence AND is last address known to C
if served there by permitted method, deemed to be served (evidence that D did NOT receive inadmissible)
if C believes D no longer resides at last known address, must take reasonable steps to find current address (r6.9(3))
if C discovers D's current address from inquiries must serve at that address - r6.9(4)(a)
if inquiries point to other address/method C must apply for alternative service - r6.15
only if alternatives NOT available C may serve at address where D no longer resides
Nature of defendant to be served | Place of service |
1. Individual |
N.B. can also use personal service |
2. Individual being sued in the name of a business |
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3. Individual being sued in the business name of a partnership |
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4. Limited liability partnership [can serve on some or all partners] |
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5. Corporation (other than a company) incorporated in England and Wales |
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6. Company registered in England and Wales |
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N.B. can also use personal service (Companies Act) | |
7. Any other company or corporation |
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APPLYING TO DISPENSE WITH SERVICE OF THE CLAIM FORM
court has discretion to dispense with service if exceptional circumstances
C may apply without notice AND must support with evidence
DEEMED DATE OF SERVICE OF THE CLAIM FORM
deemed date of service = 2 business days...
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