Service of Proceedings

Question 1

When must a claim form be served on the defendant?

Answer 1

Before midnight on the calendar day 4 months after its date of issue

Question 2

The period to serve a claim form is extended if service is to be made outside of jurisdiction. How many months are given when this happens?

Answer 2

6 months

Question 3

What 2 things will the court send to the D, alongside the claim form, particulars (if included), schedule, medical reports, and certificate of suitability?

Answer 3

1. Notice of funding
2. D’s response pack

Question 4

When must service be made to someone other than the defendant?

Answer 4

When the defendant has nominated solicitors

Question 5

If the defendant is a company, when will delivery or posting of service suffice?

Answer 5

When it’s made to the company’s registered office

Question 6

C may serve D _______ if they don’t have nominated solicitors

Answer 6

personally

Question 7

What are three requirements needed for service to be made by fax?

Answer 7

1. An indication in writing of acceptance via fax
2. Party has given their fax number
3. Fax number is within jurisdiction

Question 8

What are three requirements for service to be made by document exchange (DX)?

Answer 8

1. Party’s address for service includes DX
2. DX number is on party’s writing paper
3. No explicit indication that service won’t be accepted by DX

Question 9

What are two requirements for service to be made by email?

Answer 9

1. Express consent
2. Party has provided the email address

Question 10

When is service of the claim form deemed to be made after it has been mailed, faxed etc.

Answer 10

On the second business day after the actual service

Question 11

If D’s whereabouts are unknown, C should send proceedings to D’s ____ _____ address if C has made ________ _______ to ascertain D’s address

Answer 11

last known, reasonable enquiries

Question 12

How should D propose that service of proceedings was not valid?

Answer 12

By indicating such on the acknowledgement of service

Question 13

How many days does D have to submit an application to set service aside?

Answer 13

14 days

Question 14

How long within service does C’s solicitor have to file a certificate of service?

Answer 14

21 days

Question 15

If serving the Particulars of Claim within 14 days of service of the claim form would take C past the four months from issue of the claim form, then the particulars must be served within what time frame to be valid?

Answer 15

Within the 4 month time period