The Civil Procedure Rules provide detailed rules on the service of documents. The reason for this is that litigation has to proceed according to timetables. Sometimes, the law stipulates specific dates and times by which particular steps have to be taken. If we did not have an objective way of measuring time and the methods through which particular steps have to be taken, then there would be a real risk of chaos. The rules around timing and methods of service may seem pernickety, but they are very important and could land you in professional difficulties if they are not properly observed.
CPR rule 6.3 provides the permitted methods of service. Rule 6.3.1 states (1) A claim form may be served by any of the following methods –
(a) Personal service
(b) First class post or DX
(c) Leaving the claim form at a specified place
(d) fax or another means of electronic communication or
(e) any other method authorized by the Court.
Rule 6.3.2 states that 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 20062.
(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 20063 as applied with modification by regulations made under the Limited Liability Partnerships Act 20004
A claim form is served personally on an individual by handing it to them. If they refuse to accept it can be left with them or near them. Often firms will employ a ‘process server’. This is a third-party agency who will take steps to serve the party in a case. They will then produce a witness statement to evidence how the party was served.
If defendant is a partnership, the form may be left either with a partner or with someone with control or management of the partnership at its principal place of business. Again, evidence may be required as to how the relevant documents were served. This could be from anyone who was involved in the service of documents but may often be a third part ‘process server’ as above.
Personal service is effected on a company by leaving the documents with a person who holds a senior position such as a director, treasurer, secretary of chief executive.
It is important to note that only first-class post will satisfy the requirements of the CPR for service.
Fax and email
It is also important to note the rules regarding service by fax or email – in both cases the party to be served must have expressly confirmed they are willing to accept service in this manner. An email address or fax number on the party’s headed paper is not sufficient to satisfy the requirement. You will often see notices in the email signature of law firms indicating that they are ‘not willing’ to accept service via email. The consequences of ignoring this and serving via email anyway could be catastrophic for the claim later on. In contrast the inclusion of a fax number on the solicitor’s headed paper is sufficient indication that they are willing to accept service via fax. The same does not apply for an email address, where the solicitor must confirm explicitly that they will accept service via email.
In addition to specific ways listed in Part 6, the Court can authorize other methods or places of service. These can be extremely varied and include sending a text or even leaving a voicemail. The method permitted will depend on what the Court thinks appropriate in the circumstances.
| 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. |
Deemed Service
As well as rules dictating how a form should be served, there are other rules stating when a document is ‘deemed’ served for the purpose of the case. In this context, deemed service simply means the date that the Court will acknowledge that the document was served on. For example, if you post a document to the other side, it would not make any sense for the Court to accept that it had been immediately served, because the other side did not yet have the document. The rules are designed to ensure that the Court is able to form a view about how a party should have conducted themselves in light of receiving a document. The rules look complicated, but there are only a few that you really need to know in practice.
6.14 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).
Rule 7.5.1 includes a useful table indicating the possible steps and the timing of deemed service.
7.5.1 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 | Step required |
| 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 rule 6.5(3) |
| Fax | Completing the transmission of the fax |
| Other electronic method | Sending the e-mail or other electronic transmission |
This tells us that personal service, delivering to a permitted business address, fax or email – if served before 1630 then served on that day. If not, then the next business day.
For first class post or DXL the second day after it was posted provided that day is a business day. If not, on the next business day.
In many cases, the particulars of claim will be included on the claim form itself. However, as we said above, for more complex cases, the particulars of claim may be served either at the same time as the claim form; or within 14 days after service of the claim form (but no later than four months after the date of issue of the claim form.
Service outside of the jurisdiction
If a claim form is to be served outside of England and Wales, the CPR allow extra time for this to be effected. Instead of four months, the documents must be served on the other parties within six months of being issued. There are special procedural rules attached to service outside of the jurisdiction.
Within the EU, no special permission is required to serve proceedings in Scotland, Northern Ireland or any EU Member state providing the English Court has jurisdiction under Council Regulation 1215.2012 Claim form must be accompanied by a notice setting out the grounds on which the claimant is entitled to serve outside the jurisdiction.
Outside the EU, the claimant must obtain permission to serve proceedings outside of the jurisdiction. The application must be supported by evidence and can be made without notice.
The complete set of rules that apply when serving outside of the jurisdiction are linked to here.