PD6A - service within the united kingdom

Starting Proceedings

  • Claim Form: Proceedings start when the court issues a claim form at the request of the claimant. Issued on the date marked by the court. A single claim form may be used for multiple claims that can be disposed of together.

  • Particulars of Claim (PoC): Must be contained in or served with the claim form. Must be served on the defendant within 14 days of the claim form.

  • Jurisdiction: Both High Court and County Court can handle certain proceedings: High Court: Claims over £100,000; Personal injury claims over £50,000. County Court: Other claims relevant to financial value, complexity, or public importance.

  • Verification: Claim form must be verified by a statement of truth.

  • Effects of Issuing: Stops limitation period. Starts the case timeline.

Service of Documents

  • Address: Must include a numbered box and a DX box number if applicable.

  • Consent for Electronic Service: Must be expressly agreed in writing. Includes fax number or an email address clearly indicated for service.

  • Written Indications of Consent: Clarity is required; simply listing an email isn't sufficient.

  • Extensions of Time: Evidence must support request and detail circumstances, expiry dates, and reasons for delay.

Personal Service

  • Personal Service on Corporations: Done by leaving a document with someone in a senior position (e.g., Director, Manager). The court typically serves documents by first-class post.

Alternative Methods of Service

  • When Standard Service is Impractical: Application required to adopt alternative methods or places for service. Must provide reasons and likelihood of successful service. Examples include service via SMS, voicemail, or third-party address.

Validity and Extension of Claim Forms

  • Service Methods: Personal service, post, DX, fax, electronic communication. Claim forms must be served within four months of issue within England and Wales.

  • Company Service: May be served by methods allowed under the Companies Act 2006.

Responsibilities of Serving

  • Court Responsibilities: The court serves claim forms unless notified otherwise. On individuals by personal delivery; on companies by delivering to a senior position. Claim forms must be served within jurisdiction with a proper address.

Specific Service Methods

  • Contractual Methods: If specified in a contract, that method prevails. A claim form is served on the second business day after required actions. The court may allow alternative service if justified by evidence.

Timeliness in Service

  • Defendant's Rights: Must be served within statutory limitation periods. Extension Justifications: Good reasons for delays are vital for extension chances; incompetence usually isn’t sufficient. General Principles: Overriding objective must guide discretionary decisions regarding extensions.

Part 8 Procedure

  • Usage: For claims with minimal factual disputes to resolve legal questions or settle approvals. Acknowledgment of Service (AoS): Must be filed within 14 days and state whether the defendant contests the claim. Evidence must be filed alongside claims.

Evidence and Procedure Guidelines

  • General Evidence Rules: Evidence must be served or court permission is required for reliance. Defendant objections regarding Part 8 must detail substantial disputes. Modifications to General Rule: No defense filing required; distinct rules apply for Part 8.