Document service

[Cpt Morgan]

Hi, I was wondering if anyone can help.

Re service 'by hand" is it ok to simply go to the persons address, and with a witness, film me posting the documents through the letter box.

How do I prove that the documents posted were the required documents and not just e.g. blank bits of paper etc?

If delivered by hand do they actually need to be shown to be given to or left with the person in question, or is just posting through the letter box sufficient?

How do you prove a document wasn't served. I notice first class post is acceptable but that doesn't confirm the content was what is being claimed it is?

This all seems a bit vague and open to abuse, so any help much appreciated.

[atticus]

Read CPR 6, particularly rule 6.9.

https://www.justice.gov.uk/courts/pr...les/part06#6.9

Letterbox service is as you describe.

You make and sign a certificate of service which includes a detailed list of the contents of the envelope.

There is no need to take a friend with a cine camera, but do that if you want.

[atticus]

If in doubt, pay a process server.

[Cpt Morgan]

Read CPR 6, particularly rule 6.9.

https://www.justice.gov.uk/courts/pr...les/part06#6.9

Letterbox service is as you describe.

You make and sign a certificate of service which includes a detailed list of the contents of the envelope.

There is no need to take a friend with a cine camera, but do that if you want.

Many thanks, can I retrospectively create and sign and send the courts an N215 in relation to documents served, or will they need to be re-served with a supporting N215, respectively dated.

My slight concern here is that I served the documents by hand but didn't advise the courts at the time via an N215, and the service time has now past, so if I re-serve then the N215 and service date will be outside the timelines set. If I am able to retrospectively send the courts an N215 to support my initial service, then I will be within the permitted time frames, if that makes sense?

[R0b]

According to the CPR if you fail to file a certificate of service on time you may not obtain default judgment. Having said that, it appears there is a case in the name of Henriksen v Pires 2011 that suggests a failure to file a certificate of service is not fatal to obtaining a default judgment or at least it's not a reason for the defendant to set the default judgment aside. There is not a public copy available but it looks like if you sign up to this website, you might get free access for a limited time (https://vlex.co.uk/vid/henriksen-v-pires-793839957).

I am unable to find any cases other than Henriksen that addresses this issue so it's difficult to say what the best course of action is. You could do one or more of the following:

1. file a late certificate of service, then apply for default judgment. You potentially open yourself up to the arguments that you failed to file N215 on time and so you should not have been able to obtain judgment. In that case you rely on the Henriksen case to support your reasons why the judgment should stand (assuming there is no other reason why it should be set aside).

2. Obtain a second sealed copy of the claim form, re-serve at the address and then file the N215 within 21 days of service. Not sure this would be the best course of action since you have already validly served the claim form and/or how this applies to time limits when acknowledgment or filing of a defence.

3. Make an application to the court at your own cost and request relief from sanctions for failing to file one on time and if granted, to then make an order for default judgment. Obviously this will put the other side on notice and therefore as soon as they acknowledge or file a defence before that hearing takes place, you can't then obtain default judgment.

Safest way would be probably option 3 because if in doubt, always seek the court's advice. Option 1 would probably be my next choice with some risk attached asI mentioned but less costly.

[Cpt Morgan]

According to the CPR if you fail to file a certificate of service on time you may not obtain default judgment. Having said that, it appears there is a case in the name of Henriksen v Pires 2011 that suggests a failure to file a certificate of service is not fatal to obtaining a default judgment or at least it's not a reason for the defendant to set the default judgment aside. There is not a public copy available but it looks like if you sign up to this website, you might get free access for a limited time (https://vlex.co.uk/vid/henriksen-v-pires-793839957).

I am unable to find any cases other than Henriksen that addresses this issue so it's difficult to say what the best course of action is. You could do one or more of the following:

1. file a late certificate of service, then apply for default judgment. You potentially open yourself up to the arguments that you failed to file N215 on time and so you should not have been able to obtain judgment. In that case you rely on the Henriksen case to support your reasons why the judgment should stand (assuming there is no other reason why it should be set aside).

2. Obtain a second sealed copy of the claim form, re-serve at the address and then file the N215 within 21 days of service. Not sure this would be the best course of action since you have already validly served the claim form and/or how this applies to time limits when acknowledgment or filing of a defence.

3. Make an application to the court at your own cost and request relief from sanctions for failing to file one on time and if granted, to then make an order for default judgment. Obviously this will put the other side on notice and therefore as soon as they acknowledge or file a defence before that hearing takes place, you can't then obtain default judgment.

Safest way would be probably option 3 because if in doubt, always seek the court's advice. Option 1 would probably be my next choice with some risk attached asI mentioned but less costly.

Thank you, I will look at each option and see what I can do for the best.