Summary
Summary Civil Litigation - Commencing Proceedings
Civil Litigation Syllabus Notes on Commencing Proceedings, used in conjunction with The White Book 2020 on BPTC 2019/2020.
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SYLLABUS 4 COMMENCING PROCEEDINGS PART 7 PROCEDURE
PART 8 PROCEDURE
Validity, extension and service of CF
Service of other court documents within the jurisdiction
CPR: Part 6
6.1 Part 6 rules about service apply generally
This Part applies to the service of documents, except where –(a) another Part, any other
enactment or a PD makes different provision; or (b) the court orders otherwise. (Other
Parts, e.g. Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific
provisions about service.)
6.2 Interpretation
(a) ‘bank holiday’ means 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’ 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 Art 2 of the European Communities
(Services of Lawyers) Order 1978 (S. I. 1978/1910).
II SERVICE OF THE CLAIM FORM IN THE JURISDICTION OR IN SPECIFIED CIRCUMSTANCES
WITHIN THE EEA
6.3 Methods of service
A CF may (subject to Section IV and the rules 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 PD 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 PD 6A; or
(e) any method authorised by the court under rule 6.15.
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 CA 2006.
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 CA 2006 as applied with
modification by regulations made under the Limited Liability Partnerships Act 2000.
NOTE: s139 of the Companies Act 2006. This overrides 6.7.
,SYLLABUS 4 COMMENCING PROCEEDINGS
6.4 Who is to serve the claim form
Subject to Section IV and the rules 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 PD provides that the C must serve it; (b) the C notifies the court that the C wishes to
serve it; or the court orders or directs otherwise.
Where the court is to serve the CF, the court to decides method of service to be used AND C
must, in addition to filing a copy for the court, provide a copy for each D to be served.
Where the court has sent (a) a notification of outcome of postal service to the C in
accordance with r6.18; or (b) a notification of non-service by a bailiff in accordance with
r6.19, the court will not try to serve the claim form again.
6.5 Personal service
Where required by another Part, any other enactment, a PD or a court order, a CF must be
served personally. In other cases, a CF may be served personally except – (a) where r6.7
applies; or (b) in any proceedings against the Crown.
A CF 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;
(c) a partnership (where partners are being sued in the name of their firm) by leaving it
with – (i) a partner; or (ii) a person who, at the time of service, has the control or
management of the partnership business at its principal place of business.
6.6 Where to serve the claim form – general provisions
The CF must be served within the jurisdiction except where r6.7(2), 6.7(3) or 6.11 applies or
as provided by Section IV.
The C must include in the CF an address at which the D may be served. That address must
include a full postcode or its equivalent in any EEA state unless the court orders otherwise.
This para does not apply where an order made by the court under r6.15 (service by an
alternative method or at an alternative place) specifies the place or method of service of the
claim form.
6.7 Service on a solicitor or European Lawyer within the UK or in any other EEA state
Solicitor within the jurisdiction: Subject to rule 6.5(1), where –
(a) the D has given in writing the business address within the jurisdiction of a solicitor
as an address at which the D may be served with the CF; or
(b) a solicitor acting for the D has notified the C writing that the solicitor is instructed by
the D to accept service of the CF on behalf of the D at a business address within the
jurisdiction,
the CF must be served at the business address of that solicitor.
, SYLLABUS 4 COMMENCING PROCEEDINGS
Solicitor in Scotland or Northern Ireland or EEA state other than the UK: Subject to r6.5(1)
and Section IV, and except where any other rule or PD makes different provision, where-
(a) the D 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 D has notified the C in writing that the solicitor is instructed by
the D to accept service of the CF on behalf of the D at a business address within Scotland or
Northern Ireland;
(b) the D has given in writing the business address within any other EEA state of a solicitor as
an address at which the D may be served with the claim form; or
(c) a solicitor acting for the D has notified the C in writing that the solicitor is instructed by
the D to accept service of the CF on behalf of the D at a business address within any other
EEA state,
the CF must be served at the business address of that solicitor.
European Lawyer in any EEA state: Subject to r6.5(1) and Section IV, and except where any
other rule or PD makes different provision, where –
(a) the D has given in writing the business address of a European Lawyer in any EEA state as
an address at which the D may be served with the CF; or
(b) a European Lawyer in any EEA state has notified the C in writing that the European
Lawyer is instructed by the D to accept service of the CF on behalf of the D at a business
address of the European Lawyer,
the CF must be served at the business address of that European Lawyer.
6.8 Service of the CF where before service the D gives an address D may be served
Subject to rules 6.5(1) and 6.7 and Section IV, and except where any other rule or PD
makes different provision –
(a) the D may be served with the CF at an address at which the D resides or carries on
business within the UK or any other EEA state and which the D has given for the purpose
of being served with the proceedings; or
(b) in any claim by a tenant against a landlord, the CF may be served at an address given by
the landlord under s48 Landlord and Tenant Act 1987.
6.9 Service of the claim form where D does not give an address D may be served
This rule applies where – (a) r6.5(1) (personal service); (b) r6.7 (service of CF on solicitor or
European Lawyer); and (c) r6.8 (D gives address at which D may be served), do not apply
and the C does not wish to effect personal service under r6.5(2).
Subject to paras (3) to (6), the CF must be served on the D at the place shown in the
following table:
Nature of defendant to be served Place of service
1. Individual Usual or last known residence.
2. Individual being sued in the name of a Usual or last known residence of the individual; or
business principal or last known place of business.
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