What Does ‘Service’ Mean in Court Proceedings?
In court proceedings, ‘service’ refers to the formal process of delivering legal documents to the parties involved in a case. It ensures that everyone is adequately informed about the proceedings and has the opportunity to respond. Service is an essential step in the legal process because it upholds the principle of fairness, ensuring so far as possible that a party isn’t taken by surprise by a legal action.
The most common documents served in court proceedings include claim forms, application notices, witness statements, hearing notices, judgments and orders. The method of service can vary depending on the type of document and the specific rules governing the case. Typically, service is carried out by post. through personal delivery, or in some cases, electronically.
Proper service is essential because it sets the clock running on the time limits for the next steps in the legal process. For instance, once a claim form is served, the defendant has a set number of days to file an Acknowledgment of Service or a Defence. Failing to serve documents correctly can result in delays or even the dismissal of a case.
As specialist litigation solicitors, reviewing ‘service’ and whether it has taken place validly or at all can be an important opportunity, technically and practically speaking, for us to challenge timings and what you need to do next.
Although the overriding principle is procedural fairness, as with any rules, the specific rules governing service can also be used to a litigant’s tactical advantage when the opportunity presents itself.
In some situations, if a party’s whereabouts are unknown or they are evading service, the court has the power to permit service by an alternative method – like serving the documents via email or by publishing a notice in a newspaper – or at an alternative place – like the address of a family member or workplace
Because the courts are very alert to litigants denying they were served or ignoring the process of the court, there are specific rules around deemed service, which mean that a party doesn’t have to actually acknowledge that they have been served for proceedings to continue on the assumption they have been, allowing claims to proceed against unresponsive defendants.