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Summary SGS 2 Civil Litigation LPC (Statements of Case 1) Lecture, SGS and Solution Notes and Exam Structure (High Distinction)
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SGS 2: Civil, calculating service dates, types of service, judgment in default and CLAIMFORM.
CALCULATING DEEMED DATES OF SERVICE FOR CLAIM FORM
1. What is the - The rules for claim forms (with or without particulars of claim attached) are subject to
document CPRs 6.14 and 7.5(1).
which has been
served? - The rules for all other documents are subject to CPR 6.26 (i.e. particulars of claim served
separately, acknowledgments of service, defences and other documents)
2. How has it been - What method?
served?
3. Work out - For a claim form (with or without particulars of claim attached) this will be the second
deemed date of business day after completion of the relevant step under rule 7.5(1).
service.
- For all other documents you need to consult the table in CPR 6.26
4. What is the next - Check the relevant rule.
step and time
limit?
5. Count time to - Use CPR 2.8 as follows:
establish the
deadline using CPR 2.8(3)- “Clear days means in computing numbers on which the period begins, if the end of
CPR 2.8 to the period is defined by reference to an event, the day on which that event occurs is not included”
assist you
counting time. - So count by calling the deemed date of service (i.e. the day on which the period begins)
day 0 and count forward the number of days referred to in the relevant rule. Stop on the
last day if it is not defined by reference to an event.
- Add a day if the last day is defined by reference to an event. (An event is a trial or other
court hearing.)
- If the period of time is 5 days or less do not count weekends (CPR 2.8(4)). Otherwise
weekends are counted.
Doc Served How Deemed date of Next step for Claimant/Defendant Count time
service
Claim form First class CPR 6.14 and - If PoC not served with CF, Claimant needs to CPR 2.8(3)(a)- date of service is
post 7.5(1)- serve within 14 days of service of the claim form always a clear day.
1st class post = 2 (CPR 7.4(1)(b)). Always call service date as day 0.
On Mon business days after If more than 5 days, count
4th Oct posting letter. weekends.
2021 DS Wed 6th Oct When you reach 14, stop.
2021 Next steps by Wed 20th Oct 2021
Particulars of By hand. CPR 6.26- if a CPR 10.3(1)(a)- CPR 2.8(3)(a)- date of service is
Claim document which is - the General rule is if D is served the CF but not always a clear day.
On Mon not a claim form is the POC, the defendant will file 14 days after Always call service date as day 0.
11th Oct left at a permitted service of PoC. If more than 5 days, count
2021 address, it is OR weekends.
before deemed served the - The defendant can file a defence without an AoS. When you reach 14, stop.
4:30pm same day if it is CPR 15.4(1)(a)- the D must file a defence within
on before 4:30 and it is 14 days after service of the PoC if the D does not
business a business day. acknowledge service.
DS Mon 11 Oct Next steps by Mon 25th Oct 2021
day
2021
Claim Form First class CPR 6.14 and CPR 10.3(1)- AoS CPR 2.8(3)(a)- AoS, 14 days from
and post. 7.5(1)- - General rule is if D is served the CF but not the POC, deemed service of the PoC. Clear
Particulars of 1st class post = 2 the defendant will file 14 days after service of PoC. day rule applies. By Fri 22nd Oct
Claim On Wed business days after - If CF and PoC are served together, the D has 14 days
6th Oct posting letter. from service to file an AoS. CPR 2.8(3)(a)- Defence, 28 days
2021 DS Fri 8th Oct 2021 - CPR 15.4(1)(b)- an AoS extends the period for filing from deemed service of the PoC.
1
, SGS 2: Civil, calculating service dates, types of service, judgment in default and CLAIM
FORM.
a defence to 28 days after service of the PoC. By Fri 5th Nov
TYPES OF SERVICE
Personally Same day if before 4:30 on business day otherwise
next business day
First class post Second business day after posting if posted on a
business day, otherwise next business day after that
Deliver/Leaving at relevant address Same day if done before 4:30 otherwise next business
day
Fax Same day if transmitted before 4:30 otherwise the
next business day
Electronic Same day if sent before 4:30 otherwise the next
business day
WHERE TO SERVE
- Solicitors business address or if D has chosen otherwise, at a party’s stated address for service CPR 6.23
WHO SHOULD SERVE
- Generally, the party who prepared the document should serve it so if court has prepared, they will serve
for example CPR 6.21
If D does not respond in time to CF and PoC = Judgment in Default
a) The claimant can submit a request for judgment in default under CPR 12.3 if the defendant has not filed an
acknowledgment of service or a defence to the claim in time.
b) C must apply ASAP (CPR 12); and
c) CPR 12.3- Claimant must show:
1. PoC has been served
2. Time has expired for filing a defence
3. The claim has not been admitted or satisfied
4. No application for summary judgment or strike out has been made
Claimant must file a request for judgment for:
MONEY CLAIMS OF A SPECIFIED SUM
1. The amount sought
2. Fixed costs
3. Interest accrued to the date of judgment
What can the defendant do in response?
a) The defendant can apply under CPR 13 to set aside default judgment.
b) Judge can set aside JD on a mandatory ground under CPR 13.2 (defence/AoS was served in the right time, summary
2
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