Commencing Proceedings. Validity, Extension and Service of claim forms

Question 1

6.1 Part 6 rules about service apply generally

Answer 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.

Question 2

6.2 Interpretation

Answer 2

In this Part—

(a) “bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 in 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).

Question 3

6.3— Methods of service

Answer 3

(1) A claim form may 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 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.

Question 4

6.4— Who is to serve the claim form

Answer 4

(1) 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.

Question 5

6.5— Personal service

Answer 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”.)

Question 6

6.6— Where to serve the claim form—general provisions

Answer 6

(1) The claim form must be served within the jurisdiction except where rule 6.7(2) 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, unless the court orders otherwise.

(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.

Question 7

6.7— Service on a solicitor within the United Kingdom

Answer 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).)

Question 8

6.8 Service of the claim form where before service the defendant gives an address at which the defendant may be served

Answer 8

Subject to rules 6.5(1) and 6.7, 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 and which the defendant has given for the purpose of being served with the proceedings; or

(b) in any claim by a tenant or contract-holder 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 1987 or section 39 of the Renting Homes (Wales) Act 2016.

(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7B; for Money Claims Online see paragraph 4(6) of Practice Direction 7C; 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.)

Question 9

6.9— Service of the claim form where the defendant does not give an address at which the defendant may be served

Answer 9

(1) This rule applies where—

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

(b) rule 6.7 (service of claim form on solicitor); 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.

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.

(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).
(For service out of the jurisdiction see rules 6.40 to 6.47.)

Question 10

6.11— Service of the claim form by contractually agreed method

Answer 10

(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.

Question 11

6.14 Deemed service

Answer 11

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).

Question 12

6.15— Service of the claim form by an alternative method or at an alternative place

Answer 12

(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.

Question 13

7.5— Service of a claim form

Answer 13

(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

Method of service
First class post, document exchange or other service which provides for delivery on the next business day

Step required
Posting, leaving with, delivering to or collection by the relevant service provider

Method of service
Delivery of the document to or leaving it at the relevant place

Step required
Delivering to or leaving the document at the relevant place

Method of service
Personal service under rule 6.5

Step required
Completing the relevant step required by rule 6.5(3)

Method of service
Electronic method

Step required
Sending the e-mail or other electronic transmission

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.

Question 14

Scope of this Practice Direction
1.1

Answer 14

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.)

Question 15

When service may be by document exchange
2.1

Answer 15

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.

Question 16

How service is effected by post, an alternative service provider or DX
3.1

Answer 16

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.

Question 17

Service by fax or other electronic means
4.1

Answer 17

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.

Question 18

Personal service on a company or other corporation
6.1

Answer 18

Personal service on a registered company or corporation in accordance with rule 6.5(3) is effected by leaving a document with a person holding a senior position.

6.2
Each of the following persons is a person holding a senior position—

(1)in respect of a registered company or corporation, a director, the treasurer, the secretary of the company or corporation, the chief executive, a manager or other officer of the company or corporation; and

(2)in respect of a corporation which is not a registered company, in addition to any of the persons set out in sub-paragraph (1), the mayor, the chairman, the president, a town clerk or similar officer of the corporation.

Question 19

Service by the court
8.1

Answer 19

Where the court serves a document in accordance with rule 6.4 or 6.21(2), the method will normally be first class post.

Question 20

Application for an order for service by an alternative method or at an alternative place
9.1

Answer 20

Where an application for an order under rule 6.15 is made before the document is served, the application must be supported by evidence stating—

(1)the reason why an order is sought;

(2)what alternative method or place is proposed, and

(3)why the applicant believes that the document is likely to reach the person to be served by the method or at the place proposed.

9.2
Where the application for an order is made after the applicant has taken steps to bring the document to the attention of the person to be served by an alternative method or at an alternative place, the application must be supported by evidence stating—

(1)the reason why the order is sought;

(2)what alternative method or alternative place was used;

(3)when the alternative method or place was used; and

(4)why the applicant believes that the document is likely to have reached the person to be served by the alternative method or at the alternative place.

9.3
Examples—

(1)an application to serve by posting or delivering to an address of a person who knows the other party must be supported by evidence that if posted or delivered to that address, the document is likely to be brought to the attention of the other party;

(2)an application to serve by sending a SMS text message or leaving a voicemail message at a particular telephone number saying where the document is must be accompanied by evidence that the person serving the document has taken, or will take, appropriate steps to ensure that the party being served is using that telephone number and is likely to receive the message; and

(3)an application to serve by e-mail to a company (where paragraph 4.1 does not apply) must be supported by evidence that the e-mail address to which the document will be sent is one which is likely to come to the attention of a person holding a senior position in that company.