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ARTICLE · 15 APRIL 2019

The Basics: Service Of Proceedings Within The Jurisdiction - Top 10 Questions Answered

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Once proceedings have been issued, the claim form must be served correctly within a specified period to ensure that the claim is properly brought to the defendant's attention.

CanadaLitigation, Mediation & Arbitration
Ian Weatherall
Ian Weatherall
Sue Ryan
Sue Ryan
Jane Bates
Jane Bates
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Once proceedings have been issued, the claim form must be served correctly within a specified period to ensure that the claim is properly brought to the defendant's attention. The Civil Procedure Rules (CPR) Parts 6 and 7 set out the relevant provisions for service of proceedings. Here we look at the top 10 questions that arise when serving proceedings within the jurisdiction.

1. Who serves the claim form?

Generally, in commercial claims, the claimant's solicitors serve the claim form, not the court. Where a claim has been issued through CE filing in the Rolls Building then the claimant (or its solicitor) must serve it unless the court orders otherwise. Claims in the TCC (along with all other documents) must be served by the claimant (or its solicitor).

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