LPC Dispute Resolution WS3 and Seminar 3 (High Distinction 95%) Comprehensive exam notes 2022/ 2023 to include:
1. Rules for service of Documents;
2. Default Judgment; and
3. 2023 annotated and marked calendar.
lpc dispute resolution ws3 and seminar 3 high distinction 95 comprehensive exam notes 2022 2023
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LPC - Legal Practice Course
LPC - Legal Practice Course
LPC - Legal Practice Course
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1. Rules for Service of Documents1
Civil Litigation, 5.5-5.8
The Civil Procedure Rules contain an array of rules which set out both how documents may be served, and
when documents are deemed served.
These rules are treacherous, particularly in respect of the deemed service provisions, and are a favourite
of Multiple-Choice Questions on the LPC.
Note the distinction between use of the word “filing”, which refers to the act of lodging documents with
the Court, and “service” which refers to giving documents to your opponent. This topic is concerned with
service of documents only.
The Claim Form
Methods of Personal service I.e., handing a document to your opponent2.
Service First class The DX is an alternative delivery service to Royal Mail.
post/DX
(CPR 7.5(1)) Leaving the claim E.g., leaving it at the defendant’s business address, or the
form at a business address of the defendant’s solicitor (if they are
“specified place” nominated to accept service) (CPR 6.7).
Fax or other Only permissible where:
means of The recipient has indicated in writing that they are willing
electronic to accept service by fax/electronic means (PD 6, para
communication. 4.1(1)(a)) and the fax number, e-mail address etc. to
which it must be sent (PD 6, para 4.1(1)(b)).
It is sufficient for the purposes of rule 4.1 for a party to
indicate on the “writing paper of the solicitor acting for
the party to be served” or a “statement of case” a fax
number or email address (PD 6 paras 4.1(2)(a),(b) and (c)).
Where to If you have been informed in writing that the defendant’s solicitor is
serve the authorised/nominated to accept service of proceedings, send the Claim Form to them.
Claim Form If the defendant has not given an address for service, the Claim Form should be served
at the following locations (CPR 6.9):
Type of Defendant Place of Service
Individual Usual or last known residence.
Individual being sued in the Usual or last known residence of the
name of a business individual/principal or last known place of
business.
LLP Principal office of the partnership; or any place of
business within the jurisdiction which has a real
connection with the claim.
Company (registered in Principal office of the company; or any place of
England and Wales) business within the jurisdiction which has a real
connection with the claim.
Other company/corporation Any place of business within the jurisdiction.
Time for You must serve the Claim Form no later than 12 midnight on the calendar day 4 months
Service after the date of issue. (CPR 7.5(1))
1
Workshop 3, Preparatory Task 2; Task 1; Consolidation Task
2
We recommend trying to ambush your opponent at a bagel van like Harvey Specter.
, Deemed Service
What is it? The CPR contains rules which determine when a document is legally treated as having
been served on a person, irrespective of when or whether or not it actually arrived.
The rules for when a document is deemed served differ depending on whether the
document in question is the Claim Form, or any other document.
Deemed The Claim Form is deemed served on the SECOND BUSINESS DAY after completion of
Service of the “relevant step” under Rule 7.5(1) (see above).
the Claim In summary, the “relevant step” occurs when the claim form is dispatched i.e.:
Form (CPR The date of postage if sent by post or DX.
6.14) The date it is delivered if it is served personally or electronically.
Service of Other Documents
Deemed Service (CPR 6.26)3
Method of Service Deemed Service
1st Class Post or DX Deemed served on the second day after the document was posted, IF that
day is a business day.
If the second day after the document was posted is NOT a business day, the
document is deemed served on the next business day.
Note that this is a different rule to service the Claim Form; e.g., if you
post a document, for example, the Defence on Friday, then the second
day after it is posted is Sunday. However, as Sunday is not a business
day, the document will be deemed served on Monday.
If, by contrast, you post the Claim Form on the Friday, then the second
business day after the Claim Form is posted is Tuesday.
Any other method i.e. Deemed served on the same day provided delivery of the document is
Personal service. completed before 4:30PM and that day is a business day.
Left at permitted If that day is not a business day, the next business day.
address.
Fax
Email
3
Workshop 3, Prep Task 2
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