Service of proceedings and other documents
It is perhaps important to clarify technical terms in relation to what is done with documents in the course of proceedings.
Issue indicates that something is taken to or sent to the court to be processed by the court usually on payment of a fee, whereupon the court will affix its seal on the form and will initiate the proceedings or some step in them.
Filing is defined as 'delivering a document by post or otherwise to the court office', which indicates that the document then goes into the court file and will remain there as part of the official record of proceedings. Most important documents generated in the course of a claim have to be filed at court and eventually, when the case is prepared for trial before a judge, it will be up to the claimant to file at court (or 'lodge' to use an alternative term) a 'trial bundle' of the relevant documents. The judge will wish to read all the documents in advance of the case, including not merely the statements of case of each party, but in all probability all the witness statements, experts' reports and other documents disclosed between the parties during proceedings which it is thought important for the judge to see (including in some cases a great deal of correspondence between the parties and between their solicitors).
Service indicates the process of bringing a document to the attention of the opposite party by delivering it to him personally, or by post or by some other approved method.
Service of documents
Service of any document which the court has issued or prepared (remembering that the court itself may generate documents on its own initiative) may be effected either by the court or the party who put in motion the stage of proceedings which led to the document being created. It is up to the party concerned initially how a document is to be served. This applies not just to the claim form, but to application notices, court orders and other documents.
Service by the court
If a party wishes the court to serve a document, he must file an extra copy at the court which will then decide which method of service to use (CPR, r. 6.3(2)). This will usually be done by first-class post and the court will then notify the claimant that the claim form has been served, and what was the deemed date of service (in the case of first-class post, the second day after it was posted: CPR, r. 6.7). If for any reason the court has been unable to effect service, it will notify the party concerned indicating what method was attempted (e.g., if the letter was returned marked 'not known at this address'). Self-evidently the court will have sent out notice of deemed service by the time they receive the information that the document was not in fact served. Once the court has failed to effect service, it is up to the party concerned to try to effect service (PD 6, para. 8.2).
Service of claim form, etc. by a party
Many practitioners prefer to serve documents themselves for greater certainty. This is particularly the case where they think that the defendant is likely to be evasive or where absolute certainty of service is required for the proceedings, as is often the case in debt-collecting litigation. A party which intends to effect service itself must notify the court of that (CPR, r. 6.3(l)(b)). Where the claimant's solicitors effect service of the claim form they must file a certificate of service within seven days and give the date of service.
Methods of service
The following methods are prescribed in CPR, r. 6.2:
(a) On an individual
Personal service which involves leaving or giving it to him individually. If it is delivered by hand to him and he will not accept it, it is sufficient to leave it near him (e.g., at his feet) informing him what it is.
(b) On a limited company
Personal service is achieved by leaving a document with a person holding a senior position (e.g., director, treasurer, secretary, chief executive, manager or other officer) within the company (CPR, r. 6.4(4)).
(c) On a partnership
Adocument is served personally by leaving it with any one of the partners or with a person (who need not be a partner) having, at the time of service, management of the partnership business at the firm's principal place of business
(d) Postal service must be carried out by first-class post to an address which the claimant bona fide believes is that of the defendant or at which he is bound to receive the document. It is the claimant's risk if he adopts any other address than the one where he bona fide believes the defendant to reside. (For example, if the defendant's address is actually unknown, but it is well known that he has a particular friend or relative at a certain address, posting the documents to him there will be successful if he acknowledges them and responds, but if he fails to do so itmay be an onerous task for the claimant to satisfy the court that he really them and it is certainly unlikely that the court will assume he had them from the second day after posting.)
If the person is served as the proprietor of a business (i.e., a sole trader) he may be served by post either at his usual or last known residence or at a place of business or last known place of business.