Unit 5 - Commencement

The court may set aside an order granting an extension of time to serve a claim form if the defendant wasn't notified, even if the claimant was unaware of this risk.

The court may refuse to grant an extension of time to serve a claim form retrospectively if the claimant has failed to take reasonable steps to locate the defendant.

The court will only consider steps taken to serve a claim form within the initial 4-month period allowed by rule 7.5 when determining whether "all reasonable steps" were taken.

The court will consider a case where the claim form was not served due to the claimant's neglect as falling under the definition of 'reasonable steps' in rule 7.6(3)

The court will consider the consequences of a false statement made in a statement of case.

An application for an extension of time to serve a claim form must be made in accordance with Part 23 and supported by evidence.

The evidence in an application for an extension of time should include details like the date of issue of the claim, any previous extensions granted, and a thorough explanation for the delay in service.

A statement of truth should be provided in a claim form and must be signed by a person authorized to do so, affirming its truthfulness.

A business day includes all days except for Saturdays, Sundays, bank holidays, Good Friday, and Christmas Day.

This part of the CPR applies to the service of documents, unless otherwise specified by another rule, practice direction, or court order.

Service of a claim form can be done by personal service, first-class post (or other next-day delivery service), leaving it at a specified place, fax or other electronic means, and other authorized methods.

The CPR permits the service of a claim form on companies through methods allowed under this Part or the Companies Act 2006.

This rule outlines the methods of serving claim forms. It includes personal service, post, leaving at a specified place, electronic means, and other authorized methods.

Personal service of a claim form involves delivering it directly to the recipient, ensuring they have received it.

This rule outlines the general provisions regarding the service of the claim form, including where it should be served.

Deemed service occurs when a claim form is presumed to have been served, even if there's no direct proof of delivery to the recipient.

This rule explains how a claim form served in the UK is officially considered delivered: two working days after the relevant step is completed according to rule 7.5(1).

The court can authorize alternative methods and locations for serving claim forms if there's a good reason, such as a defendant being difficult to locate or if they are abroad.

The court must specify the chosen service method, the date when the document is considered served, and the deadlines for the defendant to respond.

This rule outlines the steps claimants need to complete for different service methods, including mailing, delivery, and personal service, within four months of issuing the claim form.

Court may grant an extension of time to serve a claim form if certain requirements are met.

A party seeking an extension of time must provide evidence justifying the delay.

The court can set aside an order if the defendant wasn't notified of the extension of time to serve a claim form

In England and Wales, a corporation's legal address is its principal office or any location where it actively conducts business and has a genuine connection to a legal claim.

When a claim form is served based on a contractual agreement, the method and location must align with the terms of that contract, subject to certain rules.

If the claimant reasonably believes the defendant's known address is no longer valid, they must take steps to find the current residence or place of business.

If the claimant finds the defendant's current address, the claim form must be served there. If they can't find it, alternative service options need to be considered.

A corporation registered in England and Wales can be served with a claim form at its principal office, or any location where it operates its business and has a real connection to the claim.

Any other type of company or corporation can be served with a claim form at any place where it conducts business within England and Wales.

The claimant should not serve a claim form at an address where they believe the defendant no longer resides or conducts business. They must take reasonable steps to find the defendant's updated address.

If the claimant is unable to find the defendant's current address despite reasonable efforts, they must consider alternative service options.

When serving a document electronically (except by fax), the sender must first ask the recipient if there are any restrictions on their acceptance of electronic service, such as acceptable file formats.

When a document is served electronically, a hard copy does not need to be sent in addition.

Personal service on a registered company is accomplished by leaving the document with a person holding a senior position, such as a director, treasurer, secretary, CEO, or officer.

Personal service on a non-registered company is similar to a registered one, but also includes the mayor, chairman, president, and town clerk or similar officer.

The court typically serves documents by first-class post when using rules 6.4 or 6.21(2) for service.

When applying for an order to use an alternative method or place for service, you must provide evidence about reasons for the request, the proposed method or place, and why it's likely to reach the recipient.

This rule summarizes the examinable material on serving court documents, covering various service methods, individuals involved, and special situations.

CPR 6.20-6.22 and 6.25-6.27, along with PD6A paragraphs 1.1-4.3, 8.1, and 10 are relevant to the rules on service of court documents.

Serving a claim form outside the UK requires following specific guidelines outlined in Part 6 Section IV of the Civil Procedure Rules (CPR).

Document exchange (DX) is a method of service where documents are delivered to a designated box at a DX location. This method can be used if the parties involved have a specific DX address.

DX service is only permitted if the party to be served has a designated DX address, or if their writing paper lists a DX number, and they haven't indicated they don't want DX service.

Sending a document by post, DX, or other service providers where delivery is expected the next business day is made by placing the document in a post box, giving it to the service provider, or having the service provider collect it.

Serving documents by fax or other electronic means is allowed if the party receiving the document has consented to this method in writing and provided the fax number, email address, or other electronic ID.

Written indicators of consent to electronic service include a fax number on writing paper, email addresses on writing paper explicitly stating their use for service, and contact details provided in court documents.

When service via email is indicated, sending the document to multiple email addresses, or at least two of the identified addresses, will satisfy the requirement.

The provisions of Rule 6.23(5) and (6) apply when considering service by fax or other electronic means. This highlights the importance of ensuring the specific legal requirements for electronic service are adhered to.