Rule 5
| I SCOPE OF THIS PART AND INTERPRETATION | |
| Part 6 rules about service apply generally | Rule 6.1 |
| Interpretation | Rule 6.2 |
| II SERVICE OF THE CLAIM FORM IN THE JURISDICTION | |
| Methods of service | Rule 6.3 |
| Who is to serve the claim form | Rule 6.4 |
| Personal service | Rule 6.5 |
| Where to serve the claim form - general provisions | Rule 6.6 |
| Service of the claim form on a solicitor | Rule 6.7 |
| Service of the claim form where the defendant gives an address at which the defendant may be served | Rule 6.8 |
| Service of the claim form where the defendant does not give an address at which the defendant may be served | Rule 6.9 |
| Service of the claim form in proceedings against the Crown | Rule 6.10 |
| Service of the claim form by contractually agreed method | Rule 6.11 |
| Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction | Rule 6.12 |
| Service of the claim form on children and protected parties | Rule 6.13 |
| Deemed service | Rule 6.14 |
| Service of the claim form by an alternative method or at an alternative place | Rule 6.15 |
| Power of court to dispense with service of the claim form | Rule 6.16 |
| Notice and certificate of service relating to the claim form | Rule 6.17 |
| Notification of outcome of postal service by the court | Rule 6.18 |
| Notice of non-service by bailiff | Rule 6.19 |
| III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM | |
| Methods of service | Rule 6.20 |
| Who is to serve | Rule 6.21 |
| Personal service | Rule 6.22 |
| Address for service | Rule 6.23 |
Change of address for service Service on children and protected parties |
Rule 6.24 Rule 6.25 |
| Deemed service | Rule 6.26 |
| Service by an alternative method or at an alternative place | Rule 6.27 |
| Power to dispense with service | Rule 6.28 |
| Certificate of service | Rule 6.29 |
| IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION | |
| Scope of this Section | Rule 6.30 |
| Interpretation | Rule 6.31 |
| Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland | Rule 6.32 |
| Service of the claim form where the permission of the court is not required - out of the United Kingdom | Rule 6.33 |
| Notice of statement of grounds where the permission of the court is not required for service | Rule 6.34 |
| Period for responding to the claim form where permission was not required for service | Rule 6.35 |
| Service of the claim form where the permission of the court is required | Rule 6.36 |
| Application for permission to serve the claim form out of the jurisdiction | Rule 6.37 |
| Service of documents other than the claim form - permission | Rule 6.38 |
| Service of application notice on a non-party to the proceedings | Rule 6.39 |
| Methods of service – general provisions | Rule 6.40 |
| Service is accordance with the Service Regulation | Rule 6.41 |
| Service through foreign governments, judicial authorities and British Consular authorities | Rule 6.42 |
| Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities | Rule 6.43 |
| Service of claim form or other document on a State | Rule 6.44 |
| Translation of claim form or other document | Rule 6.45 |
| Undertaking to be responsible for expenses | Rule 6.46 |
| Proof of service before obtaining judgment | Rule 6.47 |
| V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS | |
| Scope of this Section | Rule 6.48 |
| Interpretation | Rule 6.49 |
| Request for service | Rule 6.50 |
| Method of service | Rule 6.51 |
| After service | Rule 6.52 |
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.)
6.2. In this Part—
(a) “bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971(13) 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; and
(d) “solicitor” includes other authorised litigators within the meaning of the Courts and Legal Services Act 1990(14).
6.3.—(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 A supplementing this Part;
(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 A supplementing this Part; 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 set out in the Companies Act 1985(15) or the Companies Act 2006(16).
(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 set out in section 725 of the Companies Act 1985.
6.4.—(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.
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 A supplementing this Part sets out the meaning of “senior position”.)
6.6.—(1) The claim form must be served within the jurisdiction except where rule 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.
(Paragraph 2.4 of the practice direction supplementing Part 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.
6.7. 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).)
6.8. Subject to rules 6.5(1) and 6.7—
(a) the defendant may be served with the claim form at an address within the jurisdiction 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 1987(17).
6.9.—(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.
| 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 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).
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.
(The practice direction supplementing Part 66 gives the list published under section 17 of the Crown Proceedings Act 1947(18) 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.)
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.
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).
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.)
6.14. A claim form served 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).
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.
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.
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.
| Method of service | Details to be certified |
|---|---|
1. Personal service 2. First class post, document exchange or other service which provides for delivery on the next business day |
Date of personal service. 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. |
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.
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.
6.20.—(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 A supplementing this Part;
(c) leaving it at a place specified in rule 6.23;
(d) fax or other means of electronic communication in accordance with Practice Direction A supplementing this Part; 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 set out in the Companies Act 1985 or 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 set out in section 725 of the Companies Act 1985.
6.21.—(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.—(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(2)(a); 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).
6.23.—(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 unless the court orders otherwise.
(Paragraph 2.4 of the practice direction supplementing Part 16 contains provisions about postcodes.)
(2) A party’s address for service must be—
(a) the business address within the United Kingdom of a solicitor acting for the party to be served; or
(b) where there is no solicitor acting for the party to be served, an address within the United Kingdom at which the party resides or carries on business.
(3) Where there is no solicitor acting for the party to be served and the party does not have an address within the United Kingdom at which that party resides or carries on business, 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) 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 A supplementing this Part, 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 A supplementing this Part 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.
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.
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.