- •Lecture 5. Commensing a claim
- •5.1. Joinder of parties and causes of action
- •5.1.1. Introduction
- •5.1.2. Joinder of issues by the defendant: Counter claim
- •5.1.3. Consolidation
- •5.2. Bringing a claim
- •5.3. High Court or county court?
- •5.3.1. Computation of values
- •5.3.2. Statement of truth
- •5.3.3. Consequences of making a statement of truth
- •5.3.4 Particulars of claim
- •5.3.5. Issue of the claimant's statement of case
- •5.4. Service of proceedings and other documents
- •5.4.1. Service of documents
- •5.4.2. Service by the court
- •5.4.3. Service of claim form, etc. By a party
- •5.4.4. Methods of service
- •5.4.4.1. Service on a nominated solicitor
- •5.4.4.2. Service via document exchange
- •5.4.4.3. Service by fax or other electronic method
- •5.4.4.4 Service on limited companies
- •5.4.4.5. Service of documents other than the claim form and particulars of claim
- •5.4.4.6. Contractual provision for service of claim form
- •6.7 Deemed service
- •6.10 Certificate of service
- •5.5. The time for service of a claim form
5.4.4.2. Service via document exchange
There are detailed requirements in PD 6, paras 2 and 3.
Service via document exchange is permitted where the party's address for service or its headed notepaper includes a DX address, provided it has not already specifically indicated that it would not accept a service by DX.
The document exchange is an alternative network for delivery purposes which is a cheap method of transmitting documents between businesses, including solicitors' firms and barristers' chambers.
5.4.4.3. Service by fax or other electronic method
Service by fax or e-mail may be effected only where the party or its legal representative has indicated in writing willingness to accept service by the method being used. It is best in practical terms also to send a hard copy of a document by post. The rules do not specifically require this, but where the other party claims not to have received the document by fax, e-mail or other electronic method, the court may take account of the fact that a hard copy was not sent. It should be noted that whereas fax may be used by and on an unrepresented party, service by e-mail or other electronic methods may only take place where both parties are legally represented and the document is served at the legal representative's address, and he has previously expressed his willingness to accept service as indicated above, which for this purpose must be specific. Merely indicating an e-mail address on notepaper will not suffice.
5.4.4.4 Service on limited companies
Under s. 725 of the Companies Act 1985 a company may be served at its registered office. The deemed date of service is two working days after posting by first-class post and four working days if by second-class post. Overseas companies having a place of business or a branch office in Great Britain must provide the Registrar of Companies with the names and addresses of persons resident in Great Britain authorised to accept service.
In addition to those statutory methods, the address for service of a company by virtue of CPR r. 6.5(6) is not its registered office, but either its principal office (i.e., its main place of business) or any place within the jurisdiction which has a real connection with the claim. So if one is embarking on litigation against, say, a large supermarket chain about an accident which occurred at a certain branch, the company may be served either at its registered office, its principal office, or at the location where the accident occurred.
5.4.4.5. Service of documents other than the claim form and particulars of claim
There are obvious reasons why there are likely to be more difficulties and technicalities attached to service of the document which initiates proceedings. An evasive defendant may seek to defeat proceedings entirely by making himself scarce so that the forms cannot be delivered to him by any of the approved methods. Once a claim has started, however, and has been validly served then most of the technicalities of service no longer matter. When responding to the claim form, the defendant is required to give an address for service. If he is going to be legally represented, from that point on everything for him can be posted to his solicitor or faxed, if appropriate. If he is not going to be represented, then he is bound by whatever address for service he has given in his response to the claim form. If he declines to respond to the claim form then in principle there will be no need to serve any other documents on him and the matter will proceed to a judgment in default and assessment of damages and the next time he will be involved is when the claimant goes about enforcing whatever judgment has been obtained.
Service of documents on the claimant will provide no difficulties because he must give an address for service, which will be his solicitors' if he is legally represented, on the claim form.
Usually, after the commencement of proceedings documents in the case will simply be exchanged between the solicitors. In the case of non-urgent documents they may very well have recourse to DX.