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Summary Barrister Training Course - Civil Litigation Notes: Commencing Proceedings (Part 2)

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Save your precious time by skipping the hassle of creating your own notes! These comprehensive Civil Litigation and Evidence Notes (not in a flowchart style) are in accordance with the Bar Training Syllabus 2023/2024. I've split the content into various parts, and at the moment, I'm working on updating the rest. This document is on Commencing Proceedings (Part 1) which include examinable material on validity, extension and service of claim forms in accordance to the Syllabus. Good luck!

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Civil Litigation and Evidence
Commencing Proceedings (2)

Civil Litigation: Commencement proceedings (2):
Validity, Extension and service of claim forms


CPR Part 6 – Service of Documents
6.1 – Part 6 rules applies to the service of documents, EXCEPT where:
o (a) another Part/PD/other enactment makes different provision;

OR

o (b) the Court orders otherwise.


6.2 – Interpretation
 In this part:-

o (a) “bank holiday”: means:-
 a bank holiday under Banking & Financial Dealings Act 1971, in the
part of UK where service is to take place;

o (b) “business day”: means:-
 any day except: Sat, Sunday, bank holiday, Good Friday, Christmas
day;

o (c) “claim”: includes:-
 petition and any application made before action or to commence
proceedings; and ‘claim form’, ‘claimant’ and ‘defendant’ are to be
construed accordingly;

o (d) “solicitor”, includes:-
 any other person who, for purposes of Legal Services Act 2007, is an
authorised person re an activity which constitutes the conduct of
litigation (within meaning of that Act);

o (e) “European lawyer” has meaning set out:-
 in Art 2 European Communities (Services of Lawyers) Order 1978
(SI 1978/1910) – annexed to Practice Direction 6A. #

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