Court rules as to service.
There are various rules as to service of court documents and proceedings which have to be followed. A failure to do could lead to disastrous results.
Where is the Defendant to be served?
Place of service.
- Individual………….Usual or last known residence.
- 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.
- Individual being sued in the business name of a partnership……….Usual or last known residence of the individual; or
- principal or last known place of business of the partnership.
- 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.
- 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.
- 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.
- 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.
Notice and certificate of service relating to the claim form.
6.17
(1)Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.
(2)Where the claimant serves the claim form, the claimant –
(a)must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and
(b)may not obtain judgment in default under Part 12 unless a certificate of service has been filed.
(3)The certificate of service must state –
(a)where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and
(b)the details set out in the following table.
Method of service Details to be certified
1. Personal service – Date of personal service.
2. First class post, document exchange or other service which provides for delivery on the next business day Date of posting, or
leaving with, delivering to or collection by the relevant service provider.
3. Delivery of document to or leaving it at a permitted place – Date when the document was delivered to or left at the permitted place.
4. Fax -Date of completion of the transmission.
5. Other electronic method -Date of sending the e-mail or other electronic transmission.
6. Alternative method or place
Deemed Service
6.26
A document, other than a claim form, served within the United Kingdom in accordance with the Rules or any relevant practice direction is deemed to be served on the day shown in the following table –
Method of service Deemed date of service
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
(Paragraphs 10.1 to 10.7 of Practice Direction 6A contain examples of how the date of deemed service is calculated.)