Process Serving - but what?

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The Association of British Investigators

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Process Serving - but what?

04 February 2024 | 60 views

In the UK, professionals in the investigative field often receive the task of delivering legal documents on behalf of law firms, which is part of litigation support work known as process serving.
This can involve delivering originating or ongoing process documentation to give notice of or demand to respond to civil, domestic, corporate, or insolvency court proceedings, or judiciary procedures, or serve as a prelude to an action or a statutory requirement.
However, instructions provided to process servers seldom offer insight into the effects of these procedures on the respondent, defendant, or recipient. Process servers are often reduced to delivering documents as mere couriers or messengers, but who, as a token gesture of their importance, must later provide evidence of service. There is little if any recognition of the skill involved, the burden of responsibility on the process server, or the risks if things go wrong, potentially causing grave consequences to the clients, the recipients, and the process server. See, for example, the Association of British Investigators (ABI) discussion on the recent Court of Appeal decision on the case Westrop v Harrath.
One may question cynically if this occurrence is not just a coincidence but rather influenced by a biased mindset, given that an uninformed process server may be inclined to charge a lower fee for performing the same job with the same level of responsibility and potential risks involved.
It is not the ABI's place or intention to stifle competition, but in this article, the ABI offers some explanation on the nature of the documentation process servers may be entrusted to serve so that at least they may go about their assignment at least a little informed.
What are the different originating and other process for civil actions in the UK?
Here are some of them:
1. Writ of Summons - This is a document issued by the court that contains the details of the claim being brought.
2. Originating Application - This is used for simpler or more straightforward claims and is usually supported by an affidavit.
3. Part 7 Claim Form - This is the most common type of originating process used to commence a civil claim. It is a formal document that sets out the details of the claim being made and the relief sought by the claimant.
4. Originating Summons - This is a type of originating process used in certain civil actions, such as those involving the interpretation of contracts or wills. It is a request for the court to decide on a specific question of law.
5. Part 8 Claim Form – This is the alternative to the more common Part 7 claim. Whereas Part 7 is all about starting a typical claim, most often to seek money from a defendant, a claimant may use Part 8 when it seeks the court's decision on a question that is unlikely to involve a substantial dispute of fact.
6. Counterclaim - This is a claim brought by the defendant against the claimant.
7. Judicial Review - This is a process used to challenge a decision made by a public body, such as a government department or local authority.
8. Third-Party Claim - This is a claim brought by a defendant against a third party and is dealt with along with the original claim.
9. Divorce Petition - This is a form used to start divorce proceedings and is issued by the family court.
10. Financial Remedy Application - This is a process used to apply for financial relief in a divorce or dissolution of a civil partnership and is also issued by the family court.
11. Non-Molestation and Occupation Orders - These are applications made within family law proceedings to protect against domestic violence or to prevent a person from entering a property.
12. Child Arrangements Order - This is the new term for residence and contact orders, which are made in relation to children.
13. Parental Responsibility Order - This is an order that gives an individual parental responsibility for a child and can be applied for by certain individuals, including biological fathers.
14. Application Notice - This type of originating process is used to start certain types of applications in civil or domestic court. For example, it may be used to seek permission to appeal a decision or to request an interim order.
15. Notice of Intended Claim - This is a type of originating process used to give notice of a potential claim where the claimant is not yet ready to issue a formal claim. The notice sets out the details of the claim being considered and gives the defendant an opportunity to respond.
16. Notice of Appeal - This is a type of originating process used to appeal a decision made by a lower court or tribunal. It sets out the grounds for the appeal and the relief sought by the appellant.
17. Winding-up Petition - This is the originating process used to initiate the winding-up (liquidation) of a company that is insolvent. The petition can be brought by the company itself, its directors, its creditors, or other parties with a legal interest in the company.
18. Administration Application - This is an originating process used to apply for the appointment of an administrator to manage the affairs of a company that is in financial difficulty. The application can be made by the company itself, its directors, or its creditors.
19. Company Restoration - This is an originating process used to restore a company to the register of companies after it has been dissolved or struck off. The application can be made by the former directors, members, or creditors of the company.
20. Shareholder Derivative Action - This is an originating process used to bring a legal claim on behalf of a company against its directors or other third parties for wrongdoing or breach of duty. The action is brought by a shareholder on behalf of the company, and any damages awarded are paid to the company rather than the shareholder.
21. Statutory Demand (company) - This is a formal demand for payment of a debt owed by a company that may be required before a winding-up petition can be filed. The demand must comply with certain statutory requirements and must be served on the company in a specific manner.
22. Interpleader - This is an originating process used to resolve disputes between two or more parties claiming the same asset, such as money or property. The process allows the court to determine the rightful owner of the asset and to make a final decision on the matter.
23. Bankruptcy Petition - This is the originating process used to commence bankruptcy proceedings against an individual who is unable to pay their debts. The petition can be brought by the debtor themselves or by one or more of their creditors. It is important to note that there are other types of originating process that may be relevant in certain bankruptcy cases, such as a Debt Relief Order or an Individual Voluntary Arrangement. The specific type of process used will depend on the individual circumstances of the debtor and the nature of their debts.
24. Statutory Demand (individual) - This is a formal demand for payment of a debt owed by an individual that may be required before a bankruptcy petition can be filed. The demand must comply with certain statutory requirements and must be served on the debtor in a specific manner.
It is important to note that the specific types of process available may vary depending on the jurisdiction and the particular court or tribunal involved.
There are other documents that require serving, such as those in landlord and tenant matters, mostly commercial but some relevant to domestic lettings.
In addition, each type of process has its own specific rules and procedures that must be followed and with which a process server should be familiar.

Source: #ABIProfessionals