Service of documents other than the claim form and particulars of claim

There are obvious reasons why there are likely to be more difficulties and technicalities attached to service of the document which initiates proceedings. An evasive defendant may seek to defeat proceedings entirely by making himself scarce so that the forms can­not be delivered to him by any of the approved methods. Once a claim has started, how­ever, and has been validly served then most of the technicalities of service no longer matter. When responding to the claim form, the defendant is required to give an address for service. If he is going to be legally represented, from that point on everything for him can be posted to his solicitor or faxed, if appropriate. If he is not going to be represented, then he is bound by whatever address for service he has given in his response to the claim form. If he declines to respond to the claim form then in principle there will be no need to serve any other documents on him and the matter will proceed to a judgment in default and assessment of damages and the next time he will be involved is when the claimant goes about enforcing whatever judgment has been obtained.

Service of documents on the claimant will provide no difficulties because he must give an address for service, which will be his solicitors' if he is legally represented, on the claim form.

Usually, after the commencement of proceedings documents in the case will simply be exchanged between the solicitors. In the case of non-urgent documents they may very well have recourse to DX.

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:

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 ataddress.
Fax	· Hit is transmitted on a business day before 4 pm, on that day; or · In any other case, on the business day after the day on which it is transmitted.
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.

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—