Part 5
Service of Claim Form
Contents of this Part
| Service of Claim Form, normal method | Rule 5.1 |
| Statement of Case to be served with claim form | Rule 5.2 |
| Method of Personal Service | Rule 5.3 |
| Permitted place of service | Rule 5.4 |
| Proof of personal service | Rule 5.5 |
| Service on a Limited Company | Rule 5.6 |
| Service of Claim Form on Firm or Partnership | Rule 5.7 |
| Service of Claim Form on Body Corporate | Rule 5.8 |
| Proof of Postal Service | Rule 5.9 |
| Alternative Methods of Service | Rule 5.10 |
| Service of Claim Form on Minors and Patients | Rule 5.11 |
| Power of Court to make order for service by a specified method | Rule 5.12 |
| Proof of service by specified method | Rule 5.13 |
| Service of claim form by contractually agreed method | Rule 5.14 |
| Service of claim form on agent of principal who is overseas | Rule 5.15 |
| Service of claim for possession where land vacant | Rule 5.16 |
| Deemed date of service | Rule 5.17 |
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| Service of claim form, normal method 5.1 The general rule is that a claim form must be personally served. (Part 6 deals with service of other documents) Statement of Case to be served with claim form 5.2 (1) The general rule is that the claimant's statement of case must be served with the claim form. (2) However the claim form may be served without the statement of case with the permission of the court. (Rule 8.2 deals with the power of the court to permit issue and service of a claim form without a statement of case) Method of personal service 5.3 (a) A document is served personally on an individual by handing it to and leaving it with the person to be served. (b) A document is served personally on a company or other corporation by handing it to and leaving it with a director, officer, receiver, receiver-manager or liquidator of the Company. Permitted place of service 5.4 Except as permitted by Part 7 (Service out of the jurisdiction), a document must be served at a place within the jurisdiction. Proof of personal service 5.5 (1) Personal service of any document shall be proved by an affidavit sworn by the server of the document stating
(2) Where the person served was identified by another person, there must also be filed where practicable an affidavit by that person proving the identification of the person served and stating how that person was able to identify the person served. (3) Where the server identified the person to be served by means of a photograph or description there must also be filed an affidavit by a person verifying the description or photograph as being of the person intended to be served and stating how that person was able to verify the description or photograph as being of the person intended to be served. Service on a limited company 5.6 Service on a limited company may be effected -
Service of claim form on a firm or partnership 5.7 (1) Service on a firm or partnership may be effected -
Service on a body corporate 5.8 Service on a body corporate (other than a limited company) may be effected - (a) by sending the claim form and statement of case or other document to be served by registered post to the principal office of the body corporate; or (b) by serving the claim form and statement of case or other document personally on any principal officer of the body corporate; or (c) or in any other way allowed by enactment. 'principal officer' means the mayor, chairman or president of the body, or the town clerk, chief executive officer, clerk, secretary, treasurer or other similar officer of the body.
Proof of postal service 5.9 (1) Service by post must be proved by an affidavit of service by the person responsible for posting the claim form and statement of case or other document to the person to be served. (2) The affidavit must state -
Alternative methods of service 5.10 (1) Instead of personal service a party may choose an alternative method of service. (2) Where a party chooses an alternative method of service and the court is asked to take any step on the basis that the claim form and statement of case have been served, the party who served the claim form and statement of case must prove service to the satisfaction of the court by filing an affidavit - a. giving details of the method of service used; and b. showing that - i. the person intended to be served was able to ascertain the contents of the documents; or ii. it is likely that he would have been able to do so; and c. stating the time when the person served was or was likely to be in a position to ascertain the contents of the documents. (3) The court office must immediately refer any affidavit filed under paragraph (2) to a master or judge who must consider the evidence and endorse on the affidavit whether it satisfactorily proves service. (4) If the court is not satisfied with the method of service the court office must fix a date time and place to consider making an order under rule 5.12 and give at least 3 days notice to the claimant Service of claim form on minors and patients 5.11 (1) Paragraphs (2) to (5) specify the persons on whom a claim form and statement of case must be served if it would otherwise be served on a minor or patient. (2) A claim form and statement of case which would otherwise be served on a minor who is not also a patient must be served on one of the minor's parents or guardians or, if there is no parent or guardian, on the person with whom the minor resides or in whose care the minor is. (3) If a person is authorised under Part V11 of the Mental Health Act Chap. 28.02 to conduct the proceedings in the name of the patient or on his behalf, a claim form and statement of case must be served on that person. (4) If there is no person so authorised, a claim form and statement of case must be served on the person with whom the patient resides or in whose care the patient is. (5) Thc court may order that, although paragraphs (2) to (4) have not been complied with, the claim form and statement of case are to be treated as if it has been properly served. (6) The court may make an order permitting the claim form and statement of case to be served on the minor or patient, or on some other person other than the person specified in paragraphs (2) to (4). (7) An application for an order under paragraph (7) may be made without notice. (Part 23 deals generally with parties who are minors or patients.) Power of court to make an order for service by a specified method 5.12 (1) The court may direct that a claim form and statement of case may be served by a method specified in the court's order. (2) An application for an order to serve by a specified method may be made without notice but must be supported by evidence - (a) specifying the method of service; and (b) showing that that method of service is likely to enable the person to be served to ascertain the contents of the claim form and statement of case. Proof of service by alternative method 5.13 Service must be proved by an affidavit by the person who served the document in accordance with the court's order showing that the terms of the order had been carried out. Service of claim form by contractually agreed method 5.14 (1) A claim form and statement of case containing a claim in respect of a contract may be served by any method permitted by the contract. (2) Where the claim form and statement of case are served within the jurisdiction in accordance with the contract, they are to be treated as having been served on the defendant. (3) Where the claim form and statement of case are served out of the jurisdiction in accordance with the contract, they are not to be treated as having been served on the defendant unless service out of the jurisdiction is permitted by Part 7. Service of claim form on agent of principal who is overseas 5.15 (1) Where the conditions specified in paragraph (2) are satisfied, the court may permit a claim form and statement of case relating to a contract to be served on a defendant's agent. (2) The court may not make an order under this rule unless it is satisfied that - (a) the defendant cannot be served within the jurisdiction; and (b) the contract to which the claim relates was entered into within the jurisdiction with or through the defendant's agency; and (c) at the time of the application either the agent's authority had not been terminated or he is still in business relations with his principal. (3) An application may be made without notice but must be supported by evidence. (4) An order under this rule must state the periods within which the defendant must-
(5) When the Court makes an order under this rule, the claimant must send to the defendant at his address out of the jurisdiction copies of - (a) the order; and (b) the claim form; and (c) the statement of case. Service of claim form for possession of land (2) The court may direct that a claim form and statement of case be served by affixing a copy of the claim form to some conspicuous part of the land and by publishing a notice of the claim once in a specified daily newspaper of general circulation. An application for an order under this rule.
Date of service 5.17 (1) Where a claim form has been served by pre-paid post, it is deemed to be served, unless the contrary is shown, on the fourteenth day after it was posted (2) If a claim is sent to a party's attorney who certifies that he accepts service on behalf of his client, the claim is deemed to have been served on the date on which the attorney certifies that he accepts service. (3) Where an appearance is entered, whether or not the claim form has been duly served, the claimant may if he so wishes treat the date of entering the appearance as the date of service. |