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 practice note provides comprehensive and up to date legal information covering:

  • Service of the claim form by a contractually agreed method (CPR 6.11)
  • The claim form—CPR 6.11 requirements
  • Documents other than the claim form
  • Process agent clauses
  • Practical issues which arise with 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

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

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—service in the jurisdiction.

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

The claim form—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 form. There are two requirements:

  1. the contract must contain a clause providing that the claim form may be served by a method or at a place specified

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