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Service Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Service notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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 o 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

o if litigation has OR might expire - also consider balance of prejudice (only extended in exceptional circumstances)

? apply after validity period o only if C has acted promptly in making application; AND (a) court fails to serve claim form; OR (b) C has taken all reasonable steps to serve but has been unable to e.g. thinks has effected service, discovers later hasn't

? procedure o may be without notice o must be supported by evidence, disclosing all relevant facts o once order made, must serve order + application notice + evidence on D (unless court orders otherwise)

o

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: (a) rule or PD specifies C must serve (b) C notifies court wants to serve

(c) 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

(a) personal service i. individual - leave with D
? if D uncooperative, served if D aware what document is AND has sufficient opportunity to have in possession

ii. company - leave with person in senior position iii. partners sued in name of partnership - leave with partner managing business at principal place

(b) leaving at D's address for service (c) post i. any next business day delivery service NOT just Royal Mail ii. place in post box OR leave with / have collected by service provider (d) DX (delivery system between offices) i. can use if D's address / paper of D or solicitor includes DX number AND NOT unwilling to be served by DX

(e) electronic communication (including fax, email) i. can use if
? D / solicitor indicates in writing willing to accept (if serving D, D must have included e-address on SoC); ANDhave inquired if recipient has any limitations on format size etc.

(f) method specified in contract (g) consensual / ad hoc service - D consents to being served by particular method (h) alternative service e.g. newspaper advert, text message, NOT fax i. court will order if good reason (before C attempts service OR to rectify faulty service)

ii. may apply without notice iii. must support with written evidence: why sought; proposed method; why will be efffective

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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