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PART 6 - SERVICE OF DOCUMENTS
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Contents of this Part
Part 6 rules about service apply generally
6.1 This Part applies to the service of documents, except where –
(a) another Part, any other enactment or a practice direction makes different provision; or
(b) the court orders otherwise.
(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)
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Interpretation
6.2 In this Part –
(a) ‘bank holiday’ means a bank holiday under the Banking and Financial Dealings Act 19711in the part of the United Kingdom where service is to take place;
(b) ‘business day’ means any day except Saturday, Sunday, a bank holiday, Good Friday or 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 the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act); and
(e) ‘European Lawyer’ has the meaning set out in article 2 of the European Communities (Services of Lawyers) Order 1978 (S. I. 1978/1910).
(The European Communities (Services of Lawyers) Order 1978 is annexed to Practice Direction 6A.)
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II SERVICE OF THE CLAIM FORM IN THE JURISDICTION OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
Methods of service
6.3
(1) A claim form may (subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties) be served by any of the following methods –
(a) personal service in accordance with rule 6.5;
(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or
(e) any method authorised by the court under rule 6.15.
(2) A company may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 20062.
(3) A limited liability partnership may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 20063 as applied with modification by regulations made under the Limited Liability Partnerships Act 20004.
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Who is to serve the claim form
6.4
(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, the court will serve the claim form except where –
(a) a rule or practice direction provides that the claimant must serve it;
(b) the claimant notifies the court that the claimant wishes to serve it; or
(c) the court orders or directs otherwise.
(2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.
(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.
(4) Where the court has sent –
(a) a notification of outcome of postal service to the claimant in accordance with rule 6.18; or
(b) a notification of non-service by a bailiff in accordance with rule 6.19,
the court will not try to serve the claim form again.
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Personal service
6.5
(1) Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.
(2) In other cases, a claim form may be served personally except –
(a) where rule 6.7 applies; or
(b) in any proceedings against the Crown.
(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)
(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 or corporation; or
(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.
(Practice Direction 6A sets out the meaning of ‘senior position’.)
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Where to serve the claim form – general provisions
6.6
(1) The claim form must be served within the jurisdiction except where rule 6.7(2), 6.7(3) or 6.11 applies or as provided by Section IV of this Part.
(2) The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode or its equivalent in any EEA state (if applicable), unless the court orders otherwise.
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)
(3) Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.
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Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state
6.7
(1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where –
(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)
(2) Solicitor in Scotland or Northern Ireland or EEA state other than the United Kingdom: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where –
(a) the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form;
(aa) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within Scotland or Northern Ireland;
(b) the defendant has given in writing the business address within any other EEA state of a solicitor as an address at which the defendant may be served with the claim form; or
(c) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any other EEA state,
the claim form must be served at the business address of that solicitor.
(3) European Lawyer in any EEA state: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where –
(a) the defendant has given in writing the business address of a European Lawyer in any EEA state as an address at which the defendant may be served with the claim form; or
(b) a European Lawyer in any EEA state has notified the claimant in writing that the European Lawyer is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address of the European Lawyer,
the claim form must be served at the business address of that European Lawyer.
(‘European Lawyer’ has the meaning set out in rule 6.2(e).)
(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)
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Service of the claim form where before service the defendant gives an address at which the defendant may be served
6.8 Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –
(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings; or
(b) in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 19875.
(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)
(For service out of the jurisdiction see rules 6.40 to 6.47.)
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Service of the claim form where the defendant does not give an address at which the defendant may be served
6.9
(1) This rule applies where –
(a) rule 6.5(1) (personal service);
(b) rule 6.7 (service of claim form on solicitor or European Lawyer); and
(c) rule 6.8 (defendant gives address at which the defendant may be served),
do not apply and the claimant does not wish to effect personal service under rule 6.5(2).
(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.
(For service out of the jurisdiction see rules 6.40 to 6.47.)
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address; or
(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.
(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.
(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place of business; and
(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).
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Service of the claim form in proceedings against the Crown
6.10 In proceedings against the Crown –
(a) service on the Attorney General must be effected on the Treasury Solicitor; and
(b) service on a government department must be effected on the solicitor acting for that department.
(Practice Direction 66 gives the list published under section 17 of the Crown Proceedings Act 19476 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)
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Service of the claim form by contractually agreed method
6.11
(1) Where –
(a) a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and
(b) a claim solely in respect of that contract is started,
the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.
(2) Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served –
(a) if permission to serve it out of the jurisdiction has been granted under rule 6.36; or
(b) without permission under rule 6.32 or 6.33.
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Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction
6.12
(1) The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where –
(a) the defendant is out of the jurisdiction;
(b) the contract to which the claim relates was entered into within the jurisdiction with or through the defendant's agent; and
(c) at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.
(2) An application under this rule –
(a) must be supported by evidence setting out –
(i) details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;
(ii) that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and
(iii) why service out of the jurisdiction cannot be effected; and
(b) may be made without notice.
(3) An order under this rule must state the period within which the defendant must respond to the particulars of claim.
(4) Where the court makes an order under this rule –
(a) a copy of the application notice and the order must be served with the claim form on the agent; and
(b) unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.
(5) This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).
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Service of the claim form on children and protected parties
6.13
(1) Where the defendant is a child who is not also a protected party, the claim form must be served on –
(a) one of the child’s parents or guardians; or
(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
(2) Where the defendant is a protected party, the claim form must be served on –
(a) one of the following persons with authority in relation to the protected party as –
(i) the attorney under a registered enduring power of attorney;
(ii) the donee of a lasting power of attorney; or
(iii) the deputy appointed by the Court of Protection; or
(b) if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.
(3) Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).
(4) The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).
(5) An application for an order under paragraph (4) may be made without notice.
(6) The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.
(7) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
(Part 21 contains rules about the appointment of a litigation friend and ‘child’ and ‘protected party’ have the same meaning as in rule 21.1.)
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Deemed service
6.14 A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).
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Service of the claim form by an alternative method or at an alternative place
6.15
(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.
(2) On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
(3) An application for an order under this rule –
(a) must be supported by evidence; and
(b) may be made without notice.
(4) An order under this rule must specify –
(a) the method or place of service;
(b) the date on which the claim form is deemed served; and
(c) the period for –
(i) filing an acknowledgment of service;
(ii) filing an admission; or
(iii) filing a defence.
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Power of court to dispense with service of the claim form
6.16
(1) The court may dispense with service of a claim form in exceptional circumstances.
(2) An application for an order to dispense with service may be made at any time and –
(a) must be supported by evidence; and
(b) may be made without notice.
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Notice and certificate of service relating to the claim form
6.17
(1) Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.
(2) Where the claimant serves the claim form, the claimant –
(a) must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and
(b) may not obtain judgment in default under Part 12 unless a certificate of service has been filed.
(3) The certificate of service must state –
(a) where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and
(b) the details set out in the following table.
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Notification of outcome of postal service by the court
6.18
(1) Where –
(a) the court serves the claim form by post; and
(b) the claim form is returned to the court,
the court will send notification to the claimant that the claim form has been returned.
(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.
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Notice of non-service by bailiff
6.19 Where –
(a) the court bailiff is to serve a claim form; and
(b) the bailiff is unable to serve it on the defendant,
the court will send notification to the claimant.
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III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
Methods of service
6.20
(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a document may be served by any of the following methods –
(a) personal service, in accordance with rule 6.22;
(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
(c) leaving it at a place specified in rule 6.23;
(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or
(e) any method authorised by the court under rule 6.27.
(2) A company may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 2006.
(3) A limited liability partnership may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.
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Who is to serve
6.21
(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a party to proceedings will serve a document which that party has prepared except where –
(a) a rule or practice direction provides that the court will serve the document; or
(b) the court orders otherwise.
(2) The court will serve a document which it has prepared except where –
(a) a rule or practice direction provides that a party must serve the document;
(b) the party on whose behalf the document is to be served notifies the court that the party wishes to serve it; or
(c) the court orders otherwise.
(3) Where the court is to serve a document, it is for the court to decide which method of service is to be used.
(4) Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.
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Personal service
6.22
(1) Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.
(2) In other cases, a document may be served personally except –
(a) where the party to be served has given an address for service under rule 6.23; or
(b) in any proceedings by or against the Crown.
(3) A document may be served personally as if the document were a claim form in accordance with rule 6.5(3).
(For service out of the jurisdiction see rules 6.40 to 6.47.)
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Address for service to be given after proceedings are started
6.23
(1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode or its equivalent in any EEA state (if applicable) unless the court orders otherwise.
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)
(2) Except where any other rule or practice direction makes different provision, a party’s address for service must be –
(a) the business address either within the United Kingdom or any other EEA state of a solicitor acting for the party to be served; or
(b) the business address in any EEA state of a European Lawyer nominated to accept service of documents; or
(c) where there is no solicitor acting for the party or no European Lawyer nominated to accept service of documents –
(i) an address within the United Kingdom at which the party resides or carries on business; or
(ii) an address within any other EEA state at which the party resides or carries on business.
(For Production Centre Claims see paragraph 2.3(7) and (7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(3A) and (6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(3A) and (4) of Practice Direction 55B.)
(3) Where none of sub-paragraphs (2)(a), (b) or (c) applies, the party must give an address for service within the United Kingdom.
(Part 42 contains provisions about change of solicitor. Rule 42.1 provides that where a party gives the business address of a solicitor as that party’s address for service, that solicitor will be considered to be acting for the party until the provisions of Part 42 are complied with.)
(4) Subject to the provisions of Section IV of this Part (where applicable), any document to be served in proceedings must be sent or transmitted to, or left at, the party’s address for service under paragraph (2) or (3) unless it is to be served personally or the court orders otherwise.
(5) Where, in accordance with Practice Direction 6A, a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.
(6) Where a party indicates in accordance with Practice Direction 6A that they will accept service by electronic means other than fax, the e-mail address or electronic identification given by that party will be deemed to be at the address for service.
(7) In proceedings by or against the Crown, service of any document in the proceedings on the Crown must be effected in the same manner prescribed in rule 6.10 as if the document were a claim form.
(8) This rule does not apply where an order made by the court under rule 6.27 (service by an alternative method or at an alternative place) specifies where a document may be served.
(For service out of the jurisdiction see rules 6.40 to 6.47.)
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Change of address for service
6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.
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Service on children and protected parties
6.25
(1) An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2).
(2) Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.
(3) The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2).
(4) An application for an order under paragraph (3) may be made without notice.
(5) The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served.
(6) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
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Deemed Service
6.26 A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table –
PART 6 - SERVICE OF DOCUMENTS
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Contents of this Part
I SCOPE OF THIS PART AND INTERPRETATION
Part 6 rules about service apply generally
6.1 This Part applies to the service of documents, except where –
(a) another Part, any other enactment or a practice direction makes different provision; or
(b) the court orders otherwise.
(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)
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Interpretation
6.2 In this Part –
(a) ‘bank holiday’ means a bank holiday under the Banking and Financial Dealings Act 19711in the part of the United Kingdom where service is to take place;
(b) ‘business day’ means any day except Saturday, Sunday, a bank holiday, Good Friday or 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 the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act); and
(e) ‘European Lawyer’ has the meaning set out in article 2 of the European Communities (Services of Lawyers) Order 1978 (S. I. 1978/1910).
(The European Communities (Services of Lawyers) Order 1978 is annexed to Practice Direction 6A.)
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II SERVICE OF THE CLAIM FORM IN THE JURISDICTION OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
Methods of service
6.3
(1) A claim form may (subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties) be served by any of the following methods –
(a) personal service in accordance with rule 6.5;
(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or
(e) any method authorised by the court under rule 6.15.
(2) A company may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 20062.
(3) A limited liability partnership may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 20063 as applied with modification by regulations made under the Limited Liability Partnerships Act 20004.
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Who is to serve the claim form
6.4
(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, the court will serve the claim form except where –
(a) a rule or practice direction provides that the claimant must serve it;
(b) the claimant notifies the court that the claimant wishes to serve it; or
(c) the court orders or directs otherwise.
(2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.
(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.
(4) Where the court has sent –
(a) a notification of outcome of postal service to the claimant in accordance with rule 6.18; or
(b) a notification of non-service by a bailiff in accordance with rule 6.19,
the court will not try to serve the claim form again.
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Personal service
6.5
(1) Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.
(2) In other cases, a claim form may be served personally except –
(a) where rule 6.7 applies; or
(b) in any proceedings against the Crown.
(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)
(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 or corporation; or
(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.
(Practice Direction 6A sets out the meaning of ‘senior position’.)
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Where to serve the claim form – general provisions
6.6
(1) The claim form must be served within the jurisdiction except where rule 6.7(2), 6.7(3) or 6.11 applies or as provided by Section IV of this Part.
(2) The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode or its equivalent in any EEA state (if applicable), unless the court orders otherwise.
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)
(3) Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.
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Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state
6.7
(1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where –
(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)
(2) Solicitor in Scotland or Northern Ireland or EEA state other than the United Kingdom: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where –
(a) the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form;
(aa) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within Scotland or Northern Ireland;
(b) the defendant has given in writing the business address within any other EEA state of a solicitor as an address at which the defendant may be served with the claim form; or
(c) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any other EEA state,
the claim form must be served at the business address of that solicitor.
(3) European Lawyer in any EEA state: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where –
(a) the defendant has given in writing the business address of a European Lawyer in any EEA state as an address at which the defendant may be served with the claim form; or
(b) a European Lawyer in any EEA state has notified the claimant in writing that the European Lawyer is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address of the European Lawyer,
the claim form must be served at the business address of that European Lawyer.
(‘European Lawyer’ has the meaning set out in rule 6.2(e).)
(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)
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Service of the claim form where before service the defendant gives an address at which the defendant may be served
6.8 Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –
(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings; or
(b) in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 19875.
(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)
(For service out of the jurisdiction see rules 6.40 to 6.47.)
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Service of the claim form where the defendant does not give an address at which the defendant may be served
6.9
(1) This rule applies where –
(a) rule 6.5(1) (personal service);
(b) rule 6.7 (service of claim form on solicitor or European Lawyer); and
(c) rule 6.8 (defendant gives address at which the defendant may be served),
do not apply and the claimant does not wish to effect personal service under rule 6.5(2).
(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.
(For service out of the jurisdiction see rules 6.40 to 6.47.)
1. Individual | Usual or last known residence. |
2. Individual being sued in the name of a business | Usual or last known residence of the individual; or principal or last known place of business. |
3. Individual being sued in the business name of a partnership | Usual or last known residence of the individual; or principal or last known place of business of the partnership. |
4. Limited liability partnership | Principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim. |
5. Corporation (other than a company) incorporated in England and Wales | Principal office of the corporation; or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim. |
6. Company registered in England and Wales | Principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim. |
7. Any other company or corporation | Any place within the jurisdiction where the corporation carries on its activities; or any place of business of the company within the jurisdiction. |
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address; or
(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.
(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.
(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place of business; and
(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).
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Service of the claim form in proceedings against the Crown
6.10 In proceedings against the Crown –
(a) service on the Attorney General must be effected on the Treasury Solicitor; and
(b) service on a government department must be effected on the solicitor acting for that department.
(Practice Direction 66 gives the list published under section 17 of the Crown Proceedings Act 19476 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)
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Service of the claim form by contractually agreed method
6.11
(1) Where –
(a) a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and
(b) a claim solely in respect of that contract is started,
the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.
(2) Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served –
(a) if permission to serve it out of the jurisdiction has been granted under rule 6.36; or
(b) without permission under rule 6.32 or 6.33.
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Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction
6.12
(1) The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where –
(a) the defendant is out of the jurisdiction;
(b) the contract to which the claim relates was entered into within the jurisdiction with or through the defendant's agent; and
(c) at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.
(2) An application under this rule –
(a) must be supported by evidence setting out –
(i) details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;
(ii) that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and
(iii) why service out of the jurisdiction cannot be effected; and
(b) may be made without notice.
(3) An order under this rule must state the period within which the defendant must respond to the particulars of claim.
(4) Where the court makes an order under this rule –
(a) a copy of the application notice and the order must be served with the claim form on the agent; and
(b) unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.
(5) This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).
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Service of the claim form on children and protected parties
6.13
(1) Where the defendant is a child who is not also a protected party, the claim form must be served on –
(a) one of the child’s parents or guardians; or
(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
(2) Where the defendant is a protected party, the claim form must be served on –
(a) one of the following persons with authority in relation to the protected party as –
(i) the attorney under a registered enduring power of attorney;
(ii) the donee of a lasting power of attorney; or
(iii) the deputy appointed by the Court of Protection; or
(b) if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.
(3) Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).
(4) The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).
(5) An application for an order under paragraph (4) may be made without notice.
(6) The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.
(7) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
(Part 21 contains rules about the appointment of a litigation friend and ‘child’ and ‘protected party’ have the same meaning as in rule 21.1.)
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Deemed service
6.14 A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).
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Service of the claim form by an alternative method or at an alternative place
6.15
(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.
(2) On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
(3) An application for an order under this rule –
(a) must be supported by evidence; and
(b) may be made without notice.
(4) An order under this rule must specify –
(a) the method or place of service;
(b) the date on which the claim form is deemed served; and
(c) the period for –
(i) filing an acknowledgment of service;
(ii) filing an admission; or
(iii) filing a defence.
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Power of court to dispense with service of the claim form
6.16
(1) The court may dispense with service of a claim form in exceptional circumstances.
(2) An application for an order to dispense with service may be made at any time and –
(a) must be supported by evidence; and
(b) may be made without notice.
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Notice and certificate of service relating to the claim form
6.17
(1) Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.
(2) Where the claimant serves the claim form, the claimant –
(a) must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and
(b) may not obtain judgment in default under Part 12 unless a certificate of service has been filed.
(3) The certificate of service must state –
(a) where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and
(b) the details set out in the following table.
1. Personal service | Date of personal service. |
2. First class post, document exchange or other service which provides for delivery on the next business day | Date of posting, or leaving with, delivering to or collection by the relevant service provider. |
3. Delivery of document to or leaving it at a permitted place | Date when the document was delivered to or left at the permitted place. |
4. Fax | Date of completion of the transmission. |
5. Other electronic method | Date of sending the e-mail or other electronic transmission. |
6. Alternative method or place | As required by the court. |
Notification of outcome of postal service by the court
6.18
(1) Where –
(a) the court serves the claim form by post; and
(b) the claim form is returned to the court,
the court will send notification to the claimant that the claim form has been returned.
(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.
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Notice of non-service by bailiff
6.19 Where –
(a) the court bailiff is to serve a claim form; and
(b) the bailiff is unable to serve it on the defendant,
the court will send notification to the claimant.
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III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
Methods of service
6.20
(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a document may be served by any of the following methods –
(a) personal service, in accordance with rule 6.22;
(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
(c) leaving it at a place specified in rule 6.23;
(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or
(e) any method authorised by the court under rule 6.27.
(2) A company may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 2006.
(3) A limited liability partnership may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.
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Who is to serve
6.21
(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a party to proceedings will serve a document which that party has prepared except where –
(a) a rule or practice direction provides that the court will serve the document; or
(b) the court orders otherwise.
(2) The court will serve a document which it has prepared except where –
(a) a rule or practice direction provides that a party must serve the document;
(b) the party on whose behalf the document is to be served notifies the court that the party wishes to serve it; or
(c) the court orders otherwise.
(3) Where the court is to serve a document, it is for the court to decide which method of service is to be used.
(4) Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.
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Personal service
6.22
(1) Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.
(2) In other cases, a document may be served personally except –
(a) where the party to be served has given an address for service under rule 6.23; or
(b) in any proceedings by or against the Crown.
(3) A document may be served personally as if the document were a claim form in accordance with rule 6.5(3).
(For service out of the jurisdiction see rules 6.40 to 6.47.)
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Address for service to be given after proceedings are started
6.23
(1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode or its equivalent in any EEA state (if applicable) unless the court orders otherwise.
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)
(2) Except where any other rule or practice direction makes different provision, a party’s address for service must be –
(a) the business address either within the United Kingdom or any other EEA state of a solicitor acting for the party to be served; or
(b) the business address in any EEA state of a European Lawyer nominated to accept service of documents; or
(c) where there is no solicitor acting for the party or no European Lawyer nominated to accept service of documents –
(i) an address within the United Kingdom at which the party resides or carries on business; or
(ii) an address within any other EEA state at which the party resides or carries on business.
(For Production Centre Claims see paragraph 2.3(7) and (7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(3A) and (6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(3A) and (4) of Practice Direction 55B.)
(3) Where none of sub-paragraphs (2)(a), (b) or (c) applies, the party must give an address for service within the United Kingdom.
(Part 42 contains provisions about change of solicitor. Rule 42.1 provides that where a party gives the business address of a solicitor as that party’s address for service, that solicitor will be considered to be acting for the party until the provisions of Part 42 are complied with.)
(4) Subject to the provisions of Section IV of this Part (where applicable), any document to be served in proceedings must be sent or transmitted to, or left at, the party’s address for service under paragraph (2) or (3) unless it is to be served personally or the court orders otherwise.
(5) Where, in accordance with Practice Direction 6A, a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.
(6) Where a party indicates in accordance with Practice Direction 6A that they will accept service by electronic means other than fax, the e-mail address or electronic identification given by that party will be deemed to be at the address for service.
(7) In proceedings by or against the Crown, service of any document in the proceedings on the Crown must be effected in the same manner prescribed in rule 6.10 as if the document were a claim form.
(8) This rule does not apply where an order made by the court under rule 6.27 (service by an alternative method or at an alternative place) specifies where a document may be served.
(For service out of the jurisdiction see rules 6.40 to 6.47.)
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Change of address for service
6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.
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Service on children and protected parties
6.25
(1) An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2).
(2) Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.
(3) The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2).
(4) An application for an order under paragraph (3) may be made without notice.
(5) The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served.
(6) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
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Deemed Service
6.26 A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table –
1. First class post (or other service which provides for delivery on the next business day) | The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. |
2. Document exchange | The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. |
3. Delivering the document to or leaving it at a permitted address | If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day. |
4. Fax | If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted. |
5. Other electronic method | If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent. |
6. Personal service | If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day. |
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