Issues with service

The rules for service are set out in CPR 6, CPR PD 6A (Service within the UK) and CPR PD 6B (Service out of the jurisdiction).

This Overview identifies different types of applications which may be used when serving documents in England and Wales or in another jurisdiction. Specific requirements may apply when serving out of the jurisdiction, especially in relation to whether court permission is required and the time limits for serving the claim form outside England and Wales. For guidance, see: Cross-border service and issues with service—overview and Practice Note: Service of the claim form—time periods for service.

Service collection

The collection is a comprehensive, interactive resource designed to assist in identifying and navigating through to relevant content throughout the Lexis+® UK Dispute Resolution module. The collection enables you to view core content, ie Practice Notes, Checklists, Flowcharts. To help you navigate to the materials most relevant for the part of the service process you are interested in, the collection is divided into a series of tabs called 'phases' and 'sub-phases'. see: Serving the claim form collection.

Difficulties with service

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Third party costs—Court of Appeal confirms stay pending detailed assessment is case management decision (Federal Republic of Nigeria v VR Global Partners LP)

Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs order under section 51 of the Senior Courts Act 1981 until after the conclusion of the detailed assessment of the underlying bill of costs. Dismissing Nigeria’s appeal, the Court of Appeal held that there is no presumption that a third-party costs application should be determined before a detailed assessment. The question is purely one of case management, to be decided in accordance with the interests of justice and the overriding objective. The decision, being within the scope of discretion allowed a judge, was not amenable to appeal; that a different judge would have reached a different conclusion was not in point. Where there is a real question whether any further sum will be payable following assessment (particularly where a substantial payment on account has already been made and costs are to be assessed on the standard basis), it is legitimate to stay the third party application to avoid wasting court resources on what may prove to be a pointless satellite exercise. Of general and at least equal significance to costs practitioners were the Court of Appeal’s strong comments (obiter dicta in strict terms) deprecating disproportionate detailed assessment processes and endorsing the use of sampling as a case management tool in cases involving very significant bills of legal costs. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

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