- •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
5.4.4.6. Contractual provision for service of claim form
Where there is a contract between the parties it may well provide for how documents are to be served between them in the event of disputes and give addresses. This is not uncommon particularly in the construction industry where huge companies may be involved and it will be inconvenient to have documents, which have a short time limit for response, sent simply to the company's head office. There may be a specific provision inserted that it be served by post to a nominated individual in some department of the company which deals with contractual disputes or with the contract in question such as project, or on-site management.
The rules on method of service and details to be certified and the deemed date of service are in CPR, rr. 6.7 and 6.10, which provide:
6.7 Deemed service
(1) A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table.
|
Method of service |
Deemed day of service |
|
First class post |
The second day after it was posted. |
|
Document exchange |
The second day after it was left at the document exchange. |
|
Delivering the document to or leaving |
The day after it was delivered to or the permitted it at a permitted address left at address. |
|
Fax
|
|
|
Other electronic method
|
The second day after the day on which it is transmitted. |
(2) If a document (other than a claim form) is served after 5 p.m. on a business day, or at any time on a Saturday, Sunday or a bank holiday, the document shall be treated as having been served on the next business day.
(3) In this rule—
'business day' means any day except Saturday, Sunday or a bank holiday; and
'bank holiday' includes Christmas Day and Good Friday.
6.10 Certificate of service
Where a rule, practice direction or court order requires a certificate of service, the certificate must state—
(a) that the document has not been returned undelivered; and
(b) the details set out in the following table—
|
Method of service |
|
Details to be certified |
|
Post |
|
Date of posting |
|
Personal |
|
Date of personal service |
|
Document exchange |
|
Date of delivery to the document exchange |
|
Delivery of document to or leaving it at a permitted place |
|
Date when the document was delivered to or left at the permitted place |
|
Fax |
|
Date and time of transmission |
|
Other electronic means |
|
Date of transmission and the means used |
|
Alternative method permitted by the court |
|
As required by the court |