#3381 - Service Of Documents Crib Sheet - Civil Litigation

Service of Documents

1. Who is being sued?

   1. APPLY TO FACTS

      1. LLP

         1. Serve at principal office of the partnership or any place of business within the jurisdiction where the corporation carries on its activities & which has a real connection to the claim

      2. Individual

         1. Usual or last know residence

      3. Individual being sued in name of business

         1. Usual or last know residence of individual or principal or last know place of business

      4. Individual being sued in name of partnership

         1. Usual or last know residence of individual or principal or last know place of partnership

      5. Company registered in England & Wales

         1. Principal office or any place of business of the company within the jurisdiction which has a real connection to the claim

      6. Corporation incorporated in England & Wales

         1. Principal office of company or any place of business within jurisdiction where corporation carries on its activities and which has a real connection to the claim

      7. Any other corporation or company

         1. Any place within the jurisdiction where the corporation carried on its activities or any place of business of the company within the jurisdiction

2. How to serve?

   1. 6.3(a) Personal service

      1. 6.5(3)(c) Leave with partner or person who has control of partnership, senior position in company or individual/drop at feet

         1. APPLY TO FACTS – name person

   2. 6.3(c) Deliver by hand to ADDRESS

   3. 6.3(b) First class pose or any other next business day delivery method to ADDRESS

      1. No second class post

   4. 6.3(b) Document exchange if partnership has a DX number

      1. APPLY TO FACTS – what is the number?

   5. 6.3(d) Fax to NUMBER

      1. APPLY TO FACTS – has a party indicated in writing a willingness to accept service by fax and stated the fax number

         1. PD 6A , para 4 Fax number on a party’s headed paper is not sufficient but if the fax number is on the solicitors’ headed paper this is treated as agreement on behalf of the client unless otherwise indicated

   6. 6.3(e) Other electronic method to ADDRESS

      1. APPLY TO FACTS – PD 6A, para 4 has party expressly indicated in writing the email address or electronic identification to which it should be sent?

3. Deemed date of service?

   1. Claim Form?

      1. 6.12 Second business day regardless of how it is served

         1. 6.2(b) Business day means any day except Saturday, Sunday, Bank Holiday, Good Friday or Christmas Day

   2. Any other document?

      1. Served personally or by fax/electronic method

         1. Before 4.30pm on a business day

            1. Deemed service on that day

         2. After 4.30pm or on a non-business day

            1. Deemed service is on next business day after that

      2. Served via postal method

         1. Second day after it was posted, provided that day is a business day.

            1. If not, then the next business day after that day

4. Timings of service

   1. Defendant within England & Wales

      1. 7.5(1) Serve claim form within 4 months of court issuing

         1. 7.4(b) If serve particulars of claim separately, must serve 14 days after service of claim form

      2. 10.3(1) Defendant has 14 days to file an acknowledgment of service after service of particulars of claim

      3. 15.4(1) Defendant has 14 days to file defence after service of particulars or claim, or if files an acknowledgment of service within 14 days, then file defence 28 days after service of particulars of claim

         1. 15.5(1) Defendant & Claimant can agree to extend period for filing a defence by up to 28 days

            1. 15.5(2) must notify the court in writing if agree to extension

         2. Part 20 counterclaim filed without permission of court is filed with the defence within 14 or 28 days or other period as extended

   2. Defendant within EU State

      1. 7.5(2) Serve claim form within 6 months of court issuing

         1. 7.4(b) If serve particulars of claim separately, must serve 14 days after service of claim form

      2. 6.35(3)(a) Defendant has 21 days to file an acknowledgment of service...