Service of claim form and documents (W5)

Question 1

CPR 6.1 - Part 6 rules about service apply generally

Answer 1

Part 6 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

CPR 6.2 - Interpretation of Part 6

Answer 2

(a) “bank holiday” = a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the UK where service is to take place;
(b) “business day” = any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;
(c) “claim” = petition and any application made before action or to commence proceedings
(d) “solicitor” = 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.

Question 3

CPR 6.3 - Methods of service of a claim form

Answer 3

A claim form may be served by any of the following methods:

(a) personal service in accordance with CPR 6.5;
(b) first class post, document exchange or other service which provides for delivery on the next business day (PD 6A);
(c) leaving it at a place specified in CPR 6.7, 6.8, 6.9 or 6.10;
(d) fax or other means of electronic communication in accordance with PD 6A; or
(e) Any method authorised by the court under CPR 6.15

Question 4

CPR 6.3 - Methods of service of the claim form on a company

Answer 4

(a) By any of the methods permitted in CPR 6.3;

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

Question 5

CPR 6.3 - Methods of service of the claim form on an LLP

Answer 5

(a) by any of the methods permitted under CPR 6.3;
(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 6

CPR 6.4 - Who serves the claim form

Answer 6

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;
(c) the court orders or directs otherwise.

Question 7

CPR 6.4 - Who decides the method of service of the claim form

Answer 7

Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.

Question 8

CPR 6.4 - What must the claimant do if the court is to serve the claim form

Answer 8

The claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.

Question 9

CPR 6.4 - When will the court not try to serve the claim form again?

Answer 9

Where the court has sent:

(a) notification of outcome of postal service to the claimant in accordance with CPR 6.18; or
(b) a notification of non-service by a bailiff in accordance with CPR 6.19.

Question 10

CPR 6.5 - Personal service

Answer 10

• Where required by another CPR, any other enactment, a PD or a court order, a claim form must be served personally.
• In other cases, a claim form may be served personally except–
  (a) where CPR 6.7 applies; or
  (b) in any proceedings against the Crown.
• 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.

Question 11

CPR 6.6 - Where to serve the claim form

Answer 11

• The claim form must be served within the jurisdiction except where rule 6.7(2) or 6.11 applies
• 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.
• This does not apply where an order made by the court under rule 6.15 (service by an alternative method at an alternative place) specifies the place or method of service of the claim form.

Question 12

CPR 6.7 - Service on a solicitor within the United Kingdom

Answer 12

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.

Question 13

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

Answer 13

(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;
(b) in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under s.48 Landlord and Tenant Act 1987

Question 14

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

Answer 14

• applies where rules 6.5, 6.7 and 6.8 do not
• Must be served:
• Individual = usual or last known residence
• 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.
• Individual being sued in the business name of a partnership = Usual or last known residence of the individual; principal or last known place of business of the partnership
• LLP = Principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim.
• 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.
• 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.
• ## 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.

Question 15

CPR 6.9 - Where the claimant has reason to believe that the address of the defendant is an address at which the defendant no longer resides or carries on business…

Answer 15

• The claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business.
• Where, having taken the reasonable steps required , 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.
• If there is no such place, the claimant must make an application under CPR 6.15
• Where they have taken reasonable steps, the claimant may serve on the defendant’s usual or last known address 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.

Question 16

CPR 6.11 - Service of the claim form by contractually agreed method

Answer 16

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 be served on the defendant by the method or at the place specified in the contract.
- 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 CPR 6.36; or
(b) without permission under CPR 6.32 or 6.33

Question 17

CPR 6.14 - Deemed service

Answer 17

A claim form served within the UK in accordance with Part 6 is deemed to be served on the second business day after completion of the relevant step under CPR 7.5(1)

Question 18

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

Answer 18

• 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 Part 6, the court may make an order permitting service by an alternative method or at an alternative place.
• 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.
• An application for an order under this rule-
  (a) must be supported by evidence; and
  (b) may be made without notice.
• 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 acknowledgement of service;
  (ii) filing an admission; or
  (iii) filing a defence.

Question 19

CPR 6.20 - Methods of service

Answer 19

A document may be served by any of the following methods:

(a) personal service (CPR 6.22)
(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with PD 6A;
(c) leaving it at a place specified in CPR 6.23
(d) fax or other means of electronic communication in accordance with PD 6A;
(e) any method authorised by the court under CPR 6.27
- A company may be served:
(a) by any method permitted under Part 6;
(b) by any methods permitted under the CA 2006.
- A LLP may be served:
(a) by any method permitted under Part 6;
(b) by any of the methods permitted under the CA 2006, as modified by the LLP Act 2000.

Question 20

CPR 6.21 - Who is to serve

Answer 20

A party to proceedings will serve a document which that party has prepared except where:
(a) a rule or PD provides that the court will serve the document; or
(b) the court orders otherwise.
The court will serve a document which has been prepared except where:
(a) a rule or PD 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.
Where the court serves a document, it is for the court to decide the method of service.
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.

Question 21

CPR 6.22 - Personal service

Answer 21

• Where required by a CPR, any other enactment, a PD or a court order, a document must be served personally.
• In other cases, a document may be served personally except:
  (a) where the party to be served has given an address for service under CPR 6.23; or
  (b) in any proceedings by or against the Crown.
• A document may be served personally as if the document were a claim form in accordance with CPR 6.5

Question 22

CPR 6.25 - Service on children and protected parties

Answer 22

• 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 CPR 2.18(1) and (2).
• Any other document which would otherwise be served on a child or protected party must be served on the litigation friend
• The court may make an order permitting a document to be served on the child or protected party or on some other person
• An application for such an order may be made without notice.
• The court may order that, although a document has been sent or given to someone other than the person specified or the litigation friend, the document is to be treated as properly served anyway.
• 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.

Question 23

CPR 6.26 - Deemed service of document other than a claim form

Answer 23

A document, other than a claim form, served within the UK in accordance with these rules or any relevant PD is deemed to be served:

• First class post - 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.
• 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.
• Delivering the document to or leaving it at the permitted address - If it is delivered or left at the permitted address on a business day before 4:30pm, on that day; if not, the next business day after that day.
• Fax - if the transmission of the fax is completed on a business day before 4:30pm, that day; if not, on the next business day after that day.
• Other electronic method - If the email/electronic transmission is sent on a business day before 4:30pm, that day; if not, on the next business day after that day.
• Personal service - If the document is served personally before 4:30pm on a business day, on that day; if not, on the next business day after that day.

Question 24

CPR 6.27 - Service by an alternative method at an alternative place

Answer 24

Rule 6.15 applies to any document in the proceedings as it applies to the claim form.

Question 25

CPR 7.5 - Service of a claim form

Answer 25

Where the claim form is served within the jurisdiction, the claimant must complete the step required in relation to the particular method of service chosen before 12.00 midnight on the calendar day 4 months after the date of issue of the claim form:

• First class post, document exchange or other service which provides for delivery on the next business day: posting, leaving with, delivering to or collection by the relevant service provider
• Delivery of the document to or leaving it at the relevant place: delivering to or leaving the document at the relevant place
• Personal service under rule 6.5: completing the relevant step required by CPR 6.5(3)
• Fax: completing the transmission of the fax
• Other electronic method: sending the email or other electronic transmission

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 26

CPR 7.6 - Extension of time for serving a claim form

Answer 26

• Claimant may apply for an order extending the period under CPR 7.5
• General rule: application to extend time must be made (a) within the period specified by CPR 7.5 or (b) where an order has been made under this rule, within the period for service specified by that order.
• If the claimant applies for an order to extend the time for compliance, the court may make such an order only if: (a) the court has failed to serve the claim form, or (b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so, and (c) in either case, the claimant has acted promptly in making the application.
• An application for extending time (a) must be supported by evidence, and (b) may be made without notice.

Question 27

CPR 7.6.2 - Applications under CPR 7.6(2)

Answer 27

• Court can still grant extension even if all reasonable steps to comply with CPR 7.5 have not been taken.
• The better the reason for not having served in time, the more likely that an extension would be granted; incompetence or oversight by the claimant, or waiting some other development in the case might not amount to a good reason.

Question 28

CPR 7.6.3 - Applications under CPR 7.6(3)

Answer 28

• Includes cases where the court has not even tried to serve the claim form through neglect. However, most cases have turned on the interpretation of ‘reasonable steps’ by the claimant to effect service.
• Examples where extension was not allowed: claimant served on the defendant when solicitors had been nominated, realised the mistake and could have faxed to the defendant in time. Or where the claimant faxed the claim form on the last day of the 4 month period.

Question 29

6APD.2 - When service may be by document exchange

Answer 29

Service by DX may only take place 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 30

6APD.3 - How service is effected by post, an alternative service provider or DX

Answer 30

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 31

6APD.4 - Service by fax or other electronic means

Answer 31

(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, email address 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 para 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 email address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the email address may be used for service; or
(c) a fax number, email address or electronic identification set out on a statement of case or a response to a claim filed with the court.

Question 32

6APD.6 - Personal service on a company or other corporation

Answer 32

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

• in respect of a registered company or corporation, a director, the treasurer, the secretary, the chief executive, a manager or other officer
• in respect of a corporation which is not a registered company, in addition to any of these persons, the mayor, the chairman, the president, a town clerk or similar officer

Question 33

6APD.8 - Service by the court

Answer 33

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

Question 34

6APD.10 - First class post, document exchange or other service that provides delivery on the next business day

Answer 34

Deemed date of service of claim form: second business day after completion of the relevant step.

Deemed date of service of particulars of claim: second day after it was posted, or left with, delivered or collected by the relevant service provider, provided that day is a business day. If not, the next business day after that day.

Question 35

6APD.10 - Delivery of the document or leaving it at the relevant place

Answer 35

Deemed date of service of claim form: second business day after delivering to or leaving at the relevant place

Deemed date of service of particulars of claim: If delivered/left on a business day before 4.30pm, that day. In any other case, the next business day.

Question 36

6APD.10 - Personal service

Answer 36

Deemed date of service of claim form: second business day after leaving claim form in accordance with CPR 6.5(3).

Deemed date of service of particulars of claim: if served personally before 4.30pm, that day. In any other case, the next business day.

Question 37

CPR 10.1 - Acknowledgement of service

Answer 37

A defendant may file an acknowledgement of service if:

(a) he is unable to file a defence within the period specified in CPR 15.4
(b) he wishes to dispute the court’s jurisdiction.

Question 38

CPR 10.2 - Consequence of not filing an acknowledgement of service

Answer 38

If– (a) a defendant fails to file an acknowledgement of service within the period specified in CPR 10.3; and
(b) does not within that period file a defence in accordance with CPR 15 or file an admission in accordance with CPR 14, the claimant may obtain default judgment if CPR 12 allows it.

Question 39

CPR 10.3 - The period for filing an acknowledgement of service

Answer 39

General rule:

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and
(b) in any other case, 14 days after service of the claim form.

Subject to the following rules:

(a) CPR 6.35, which specifies how the period for filing acknowledgement is to be calculated where the claim form is served out of the jurisdiction
(b) CPR 6.12(3), which requires the court to specify the period for responding to the particulars of claim
(c) CPR 6.37(5) which requires the court to specify the period within which the defendant may file an acknowledgement of service where it makes an order giving permission to serve a claim form out of the jurisdiction.

Question 40

CPR 16.5 - Content of defence

Answer 40

In his defence, the defendant must state–

(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.

When the defendant denies an allegation–

(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

A defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.

Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

A defendant who fails to deal with any other allegation shall be taken to admit that allegation.

If the defendant disputes the claimant’s statement of value under CPR 16.3 the defendant must: (a) state why he disputes it; and (b) if he is able, give his own statement of the value of the claim.

If the defendant is defending in a representative capacity, he must state what that capacity is.

If the defendant has not filed an acknowledgement of service under CPR 10, the defendant must give an address for service.

The defence must be verified by a statement of truth.

Question 41

CPR 16.6 - Defence of set-off

Answer 41

Where a defendant (a) contends he is entitled to money from the claimant; and (b) relies on this as a defence to the whole or part of the claim, the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim.

Question 42

CPR 16.7 - Reply to defence

Answer 42

• A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.
• A claimant who (a) files a reply to a defence; but (b) fails to deal with a matter raised in the defence, shall be taken to require that matter to be proved.

Question 43

CPR 15.1 - Use of Part 8 procedure

Answer 43

Part 15 does not apply where the claimant uses the Part 8 procedure.

Question 44

CPR 15.2 - Filing a defence

Answer 44

A defendant who wishes to defend all or part of a claim must file a defence.

Question 45

CPR 15.3 - Consequence of not filing a defence

Answer 45

If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.

Question 46

CPR 15.4 - The period for filing a defence

Answer 46

General rule: The period for filing a defence is–

(a) 14 days after service of the particulars of claim; or
(b) If the defendant files an acknowledgement of service under Part 10, 28 days after the service of the particulars of claim.

Subject to:

• CPR 6.35 (where the claim form is served out of the jurisdiction)
• CPR 11 (which provides that where the defendant makes an application disputing the court’s jurisdiction, the defendant need not file a defence before hearing)
• CPR 24.4(2) (which provides that if the claimant applies for summary judgment before the defendant has filed a defence, the defendant need not file a defence before the hearing)
• CPR 6.12(3) (which requires the court to specify the period for responding to the particulars of claim)

Question 47

CPR 15.5 - Agreement extending the period for filing a defence

Answer 47

The defendant and the claimant may agree that the period for filing a defence in CPR 15.4 shall be extended by up to 28 days. Where they agree to extend the period, the defendant must notify the court in writing.

Question 48

CPR 15.6 - Service of copy of defence

Answer 48

A copy of the defence must be served on every other party.

Question 49

CPR 15.7 - Making a counterclaim

Answer 49

Part 20 applies to counterclaims.

Question 50

CPR 15.8 - Reply to defence

Answer 50

If the claimant files a reply to the defence, the claimant must –

(a) file the reply with a directions questionnaire; and
(b) serve his reply on the other parties at the same time as it is filed.

Question 51

CPR 15.9 - No statement of case after a reply to be filed without court’s permission

Answer 51

A party may not file or serve any statement of case after a reply without the permission of the court.

Question 52

CPR 15.10 - Claimant’s notice where defence is that money claimed has been paid

Answer 52

Where: (a) the only claim is for a specified amount of money and (b) the defendant states in his defence that he has paid to the claimant the amount claimed, the court will send notice to the claimant requiring him to state in writing whether he wishes for proceedings to continue.

When the claimant responds, he must serve a copy of his response on the defendant.

If the claimant fails to respond under this rule within 28 days after service of the court’s notice on him, the claim shall be stayed.

Where a claim is stayed under this rule, any party may apply for the stay to be lifted.

If the claimant files notice under this rule that he wishes proceedings to continue, the procedure which then follows is in Part 26.

Question 53

CPR 15.11 - Claim stayed if it is not defended or admitted

Answer 53

Where (a) at least 6 months have expired since the end of the period for filing a defence specified in CPR 15.4; (b) no defendant has served or filed an admission or filed a defence or counterclaim; and (c) the claimant has not entered or applied for judgment under Part 12 (default) or Part 24 (summary), the claim shall be stayed.

Where a claim is stayed under this rule, any party may apply for the stay to be lifted.

Question 54

15PD.1 - Defending the claim

Answer 54

• In relation to specialist proceedings (Part 49) in respect of which special provisions for defence and reply are made by the rules and PDs applicable, the provisions of Part 15 apply only to the extent that they are not inconsistent with those rules.
• Form N9B (specified amount) or N9D (unspecified amount or non-money claims) may be used for the purpose of defence and is included on the response pack served on the defendant with the particulars of claim.

Question 55

15PD.2 - Statement of truth

Answer 55

Part 22 requires a defence to be verified by a statement of truth.

Question 56

15PD.3 - General guidance for defence

Answer 56

• Where a defendant files a counterclaim under Part 20, the defence and counterclaim should normally form one document with the counterclaim following on from the defence.
• Where a claimant serves a reply to a defence and counterclaim, the reply and defence should normally form one document with the defence to the counterclaim following on from the reply.
• CPR 15.8(a) provides a claimant must file any reply with his directions questionnaire. Where the date by which he must file his DQ is later than the date by which he must file his defence to the counterclaim, the court will normally order that the defence to the counterclaim must be filed by the same date as the reply. Where the court does not make such an order, they may form separate documents.
• Any application for a stay under CPR 15.10(3) or 15.11(1) should be made in accordance with Part 23 and should give the reason for the applicant’s delay in proceeding with or responding to the claim.

Question 57

16PD.10 - Contents of defence

Answer 57

• Where the defendant is an individual and the claim form does not contain an address at which he resides or carries on business, or contains an incorrect address, the defendant must provided such an address in the defence.
• Where the defendant’s address is not where he resides or carries on business, he must still provide the address.
• Any address which is provided for this purpose must include a postcode unless the court orders otherwise.
• Where a defendant to a claim or counterclaim is an individual, he must provide his date of birth (if known) in the acknowledgement of service, admission, defence, defence and counterclaim, reply or other response.

Question 58

16PD.11 - Statement of truth

Answer 58

Part 22 requires a defence to be verified by a statement of truth. It must be in the form specified by paragraph 2.1 of PD 22.

Question 59

16PD.12 - Personal injury claims

Answer 59

• Where the claim is for personal injuries and the claimant has attached a medical report in respect of his alleged injuries, the defendant should:
  (1) state in his defence whether he (a) agrees, (b) disputes, or (c) neither agrees nor disputes but has no knowledge of, the matters contained in the medical report,
  (2) where he disputes any part of the medical report, give in his defence his reasons for doing so, and
  (3) where he has obtained his own medical report on which he intends to rely, attach it to his defence.
• Where the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to his defence a counter-schedule stating:
  (1) which of those items he (a) agrees, (b) disputes, or (c) neither agrees nor disputes but has no knowledge of, and where any items are disputed, supplying alternative figures where appropriate.