Service of the claim form by a contractually agreed method (CPR 6.11)
Service of the claim form by a contractually agreed method (CPR 6.11)

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Service of the claim form by a contractually agreed method (CPR 6.11)
  • CPR 6.11 requirements
  • Process agent clauses
  • Interaction between service of process clauses and jurisdiction clauses
  • Is a contractual service clause exclusive or permissive?
  • Termination of the contract
  • When service is effected
  • The place of service is outside the jurisdiction

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.

This Practice Note considers service of the claim form where there is an agreed method of service in a contract between the parties for service in the jurisdiction. It looks at requirements for service of the claim form under CPR 6.11. It then considers process agent clauses as between the contractual parties as well as between a party and the process agent and the irrevocability of both. It then considers whether a contractual service clause is exclusive or permissive as well as whether a service clause will survive termination of the contract. Also considered is the interaction between service of process clauses and jurisdiction clauses and how to determine the date on which service is effected using a contractual service clause.

For guidance on other methods of service in the jurisdiction, see Practice Note: Service of the claim form in the jurisdiction or EEA.

For guidance on methods of service out of the jurisdiction, see Practice Note: Service out of the jurisdiction—methods of effecting service.

CPR 6.11 requirements

CPR 6.11 covers the position where parties have contractually agreed a method of service or a place of service for the claim