Commencing Proceedings. Service of other documents Flashcards
6.20— Methods of service
(1) 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.
6.21— Who is to serve
(1) 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.
6.22— Personal service
(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).
6.25— Service on children and protected parties
(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.
6.26 Deemed service
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—
METHOD OF SERVICE
DEEMED DATE OF SERVICE
- 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. - 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. - 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. - 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. - 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. - 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.
6.27 Service by an alternative method or at an alternative place
Rule 6.15 applies to any document in the proceedings as it applies to a claim form and reference to the defendant in that rule is modified accordingly.
Practice Direction 6A—Service within the United Kingdom
Scope of this Practice Direction
1.1
This Practice Direction supplements—
(1)Section II (service of the claim form in the jurisdiction) of Part 6;
(2)Section III (service of documents other than the claim form in the United Kingdom) of Part 6; and
(3)rule 6.40 in relation to the method of service on a party in Scotland or Northern Ireland.
(Practice Direction 6B contains provisions relevant to service on a party in Scotland or Northern Ireland, including provisions about service out of the jurisdiction where permission is and is not required and the period for responding to an application notice.)
When service may be by document exchange
2.1
Service by document exchange (DX) may take place only where—
(1)the address at which the party is to be served includes a numbered box at a DX, or
(2)the writing paper of the party who is to be served or of the solicitor acting for that party sets out a DX box number, and
(3)the party or the solicitor acting for that party has not indicated in writing that they are unwilling to accept service by DX.
How service is effected by post, an alternative service provider or DX
3.1
Service by post, DX or other service which provides for delivery on the next business day is effected by—
(1)placing the document in a post box;
(2)leaving the document with or delivering the document to the relevant service provider; or
(3)having the document collected by the relevant service provider.
Service by fax or other electronic means
4.1
Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means—
(1)the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving—
(a)that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and
(b)the fax number, e-mail address or e-mail addresses or other electronic identification to which it must be sent; and
(2)the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1)—
(a)a fax number set out on the writing paper of the solicitor acting for the party to be served;
(b)an e-mail address or e-mail addresses set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address or e-mail addresses may be used for service; or
(c)a fax number, e-mail address or e-mail addresses or electronic identification set out on a statement of case or a response to a claim filed with the court.
(3)Where a party has indicated that service by email must be effected by sending a document to multiple e-mail addresses, the document may be served by sending it to any 2 of the e-mail addresses identified.
4.2
Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient’s agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).
4.3
Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy.
Service by the court
8.1
Where the court serves a document in accordance with rule 6.4 or 6.21(2), the method will normally be first class post.
Deemed service of a document other than a claim form
10.1
Rule 6.26 contains provisions about deemed service of a document other than a claim form. Examples of how deemed service is calculated are set out below. (LOOK AT THE TABLE AT 10.1)
