Help with n215

[missmooch]

Hi Guys

Just a quickie question, if you dont mind answering.

I live abroad and need to send additional particulars of claim to the defendant. I also need to fill in an n215 form.

If I dhl the document to the defendant, what box do I need to tick on the n215 as regards the question 'how did you serve the documents' (dhl takes about 3 days to arrive)?

As an aside, I know the n215 can be emailed to the court (in fact they state thats preferable). Could I also email the particulars of claim to the defendant or does my signature on it need to be original?

Thanks for any help!

[outlawlgo]

Re: Help with n215

As an aside, I know the n215 can be emailed to the court (in fact they state thats preferable). Could I also email the particulars of claim to the defendant or does my signature on it need to be original?

If you have use of a printer and scanner you could fill out the form (minus signature) print it then sign it and scan it to pdf.

I notice the form is only two pages so does not warrant splitting the signature page from the rest of the document. However, there are facilities on the web which allow you to split pdf documents then merge again (so you can single out the signature page).

Whether a scanned signature is ok is another matter but my guess is it would be.

[ostell]

Re: Help with n215

I've used the adobe PDF reader signing function to add signatures to court forms. Signature is best with black pen on white paper to scan to create a sgnature file. A lot of the court downloadable PDF forms can be filled in without printing.

[missmooch]

Re: Help with n215

Thanks for your reply guys!

No problem scanning the document, however is this electronic format of signature acceptable on the additional particulars of claim or does it have to be the original signature?

Is email adequate to serve the additional particulars of claim?

[Amethyst]

Re: Help with n215

Civil Procedure Rule 5.3

Signature of documents by mechanical means

5.3 Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.


Practice Direction 5A

Signature of documents by mechanical means
1 Where, under rule 5.3, a replica signature is printed electronically or by other mechanical means on any document, the name of the person whose signature is printed must also be printed so that the person may be identified. This paragraph does not apply to claim forms issued through the Claims Production Centre.



Also filing by email info is https://www.justice.gov.uk/courts/em...idance#canfile

[missmooch]

Re: Help with n215

Thank you for your kind reply Amethyst - however does the link apply to emailing the Defendant also?

Would I be best signing the statement of truth on the particulars of claim, printing, scanning and then emailing them to a friend in the uk who could post first class?

[Kati]

Re: Help with n215

could you email the it AND post a copy (state in the email that a paper copy is on it's way)?

[Amethyst]

Re: Help with n215

Any documents for the Defendant / other party should be sent by Post unless you have a written agreement for service via electronic means ( email ).

Filing = sending to the court
Service = sending to the other party

in essence anyway

[Diana M]

Re: Help with n215

Any documents for the Defendant / other party should be sent by Post unless you have a written agreement for service via electronic means ( email )

I would add that service by fax can be accepted especially if the fax number is on the other party’s letterhead.

Di

[missmooch]

Re: Help with n215

Hi Guys

Many, many thanks for your kind replies.

So just so I am 100% clear - can anyone confirm that I can print the additional particulars of claim, sign them with black ink, scan them, email them to my friend in the UK to print and post first class. Then get them to fill in the n215 ticking the option under how did you serve the documents - by first class post.

Thanks