#16061 - Commencing Proceedings 2 Validity Extension And Service - BPC Civil Litigation

Civ Lit: Commencement proceedings (2): Validity, Extension and service of claim forms

Commencing Proceedings

CPR Part 6, Service of Documents

6.1, Part 6 rules about service apply generally

• This part applies to the service of documents, EXCEPT where:

  • (a) another Part/PD/other enactment makes different provision; OR

  • (b) the Court orders otherwise.

6.2, Interpretation

• In this part:

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

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

  • (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;

  • (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);

  • (e) “European lawyer” has meaning set out in Art 2 European Communities (Services of Lawyers) Order 1978 (SI 1978/1910) ---annexed to PD 6A.

II: Service of the CLAIM FORM in the jurisdiction or in specified circumstances within the EEA

6.3, Methods of service

• (1) A claim form may (subject to Section IV of this Part, and the rules in this Section re service out of jurisdiction on solicitors, European lawyers & parties) be served by any of the following methods:

  • (a) personal service in accordance with r6.5.

  • (b) first class post/document exchange/other service which provides for delivery on the next business day, in accordance with PD6A.

  • (c) leaving it at a place specified in r 6.7 [[service on a solicitor or European lawyer]], 6.8 [[where D gives address before service]] 6.9 [[where D does not give address before, see table]] or 6.10.

  • (d) fax or other means of electronic communication in accordance with PD6A.

  • (e) any method authorised by court under r6.15 [[[service of a claim form by an alternative method or at an alternative place, where court has good reason to authorise it]]

• (2) a company may be served:

  • (a) by any method permitted under this Part; OR

  • (b) by any method of service permitted under the Companies Act 2006.

• (3) a limited liability partnership (LLP) may be served:

  • (a) by any method permitted under this Part; OR

  • (b) by any methods of service permitted under Companies Act 2006, as applied with modification by regs made under LLP Act 2000.

6.4, Who is to serve the claim form

• (1) subject to section IV of this Part, and rules in this section re service out of jurisdiction on solicitors, European lawyers & parties, the court will serve the claim form (CF docs other than claim form presumed served by the party, below), EXCEPT where:

  • (a) any rule/PD provides that the C must serve it;

  • (b) the C notifies the court that C wishes to serve it; or

  • (c) the court orders/directs otherwise.

• (2) where the court is to serve the claim form: it is for court to decide which method of service to use.

• (3) where court is to serve the claim form: the C must, in addition to filing a copy for the court, provide a copy for each D to be served.

• (4) Where the court has sent:

  • (a) a notification of outcome of postal service to C in accordance with r6.18; or

  • (b) a notification of non-service by a bailiff (r 6.19)

  • the court will not try to serve the claim form again.

• (PD6A, para 8): Where the court serves a doc method will normally be first class post.

6.5, Personal Service (this applies to docs other than claim form as well)

• (1) A claim form MUST be served personally IF required by: another Part/PD/other enactment/a court order.

• (2) In other cases, a claim form MAY be served personally, EXCEPT:

  • (a) where r6.7 applies [[service on a solicitor or European lawyer]]; OR

  • (b) in any proceedings against the Crown

• (3) A claim form is served personally on:

  • (a) an individual, by leaving it with that individual;

  • (b) a company or other corporation, by leaving it with a person holding a “senior position” within the company/organisation

    • “Senior position” (PD 6A, 6.2) =

    • (1) in respect of a registered company or corporation: a director; treasurer; secretary; chief executive; manager; or other officer of the company/corp

    • (2) in respect of a corporation which is not a registered company: in addition to those in (1), also: the mayor; chairman; president; town clerk or similar officer of the corp.

  • (c) a partnership (where partners are being sued in the name of their firm) by leaving it with;

    • (i) a partner; or

    • (ii) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

6.6, Where to serve the claim form, general provisions

• (1) the claim form must be served within the jurisdiction EXCEPT where rule 6.7(2) [service on solicitor in Scotland/Northern Ireland/or EEA state], 6.7(3) [European lawyer in EEA state] or 6.11 [service by contractually agreed method] applies, or as provided by Section IV of this Part.

• (2) The C must include in the claim form: an address at which the D may be served. Address must include a full postcode (or its equivalent in any EEA state) unless the court orders otherwise.

  • [[para 2.4, PD 16: provisions re postcodes]].

• (3) Para (2) [[including D’s address]] does not apply where an order made by the court under r6.15 [[, service by an alternative method/at an alternative place where court has good reason to authorise it]] specifies the place or method of service of the claim form.

6.7, Service on a solicitor or European Lawyer within the UK or in any other EEA state

• (1) Solicitor within the jurisdiction: subject to r6.5(1) [[where claim form must be served personally if specified by rule/PD/enactment/court order]], the claim form MUST be served at the solicitor’s business address Where:

  • (a) the D has given in writing the business address, within the jurisdiction, of a solicitor, as an address at which the D may be served with the claim form;

  • OR

  • (b) a solicitor acting for D has notified the C in writing that the solicitor is instructed by D to accept service of the claim form on behalf of D at a business address within the jurisdiction

• [[“solicitor” has the extended meaning in r6.2(d)]].

• (2) Solicitor in Scotland or Northern Ireland or EEA state other than the UK: subject to r6.5(1) [[where claim form must be served personally]] and provisions of section IV, and except where other rule/PD makes different provision the claim form must be served at the solicitor’s business address where:

  • (a) the D has given in writing the business address in Scotland or N Ireland of a solicitor as an address at which D may be served with the claim form;

  • (aa) a solicitor acting for D has notified the C in writing that the solicitor is instructed by D to accept service of the claim form on behalf of D at a business address within Scotland/N Ireland;

  • (b) D has given in writing the business address within any other EEA state of a solicitor as an address at which D may be served with the claim form; OR

  • (c) a solicitor acting for D has notified the C in writing that the solicitor is instructed by D to accept service of the claim form at a business address within any other EEA state

• (3) European lawyer in any EEA state: subject to rule 6.5(1) [[where claim form must be served personally]] and the provisions of section IV, and except where any other rule/PD makes different provision, the claim form must be served at the business address of that European Lawyer WHERE:

  • (a) the D has given in writing the business address of a European Lawyer in any EEA state as an address at which the D may be served with the claim form;

  • Or

  • (b) A European lawyer in any EEA state has notified the C in writing that the European Lawyer is instructed by D to accept service of the claim form on behalf of the D at a business address of the European Lawyer,

• [[“European lawyer” has meaning in rule 6.2(e)]].

6.8, Service of the Claim form where before service the D gives an address at which D may be served

• Subjection to rules 6.5(1) [[where must be served personally]] and 6.7 [[service on solicitor/European lawyer]], and the provisions of Section IV of this Part, and except where any other rule/PD makes different provision:

  • (a) the D MAY be served with the claim form, at an address at which D resides or carries on business within the UK or any other EEA state; WHICH D has given for the purposes of being served with the proceedings; or

  • (b) in any claim by a tenant against a landlord, a claim form may be served at an address given by landlord under s48 Landlord & Tenant Act 1987.

6.9, Service of claim form where D does NOT give an address at which D may be served

• (1) this rule applies where C does not wish to effect personal service under 6.5(2) and where the following do NOT apply:

  • (a) rule 6.5(1) (personal service required);

  • (b) rule 6.7 (service of claim form on solicitor or European lawyer); and

  • (c) rule 6.8 (D gives address at which D may be served)

• (2) Subject to paras (3) to (6), the claim form must be served on D at place shown in table: