Issues with service

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This Overview signposts the key materials on issues with service in civil proceedings, with links to guidance and precedents. Service of the claim form and other documents is foundational to jurisdiction, case management and time limits; defects can be fatal, affect limitation, and lead to default judgments being set aside.

Practitioners should understand the framework in CPR Part 6 and its Practice Directions, including permitted methods, deemed dates, and places of service for individuals, companies and partnerships. Particular risks arise around: agreement to accept service by email; identifying an address for service for corporate defendants; service on solicitors; and the validity period of a claim form, extensions and retrospective validation. Applications for alternative service or dispensation (CPR 6.15–6.16) and for documents other than the claim form (CPR 6.27) require cogent evidence and prompt action.

Cross‑border service engages the Hague Service Convention 1965 and, where applicable, other international instruments. Practitioners should consider when permission is required, the jurisdictional gateways (PD 6B), and the role of the Foreign Process Section as Central Authority.

Related issues include challenges to jurisdiction (CPR 11), mandatory set aside of default judgment for non‑service (CPR...

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