Service of the claim form in the jurisdiction or EEA
Service of the claim form in the jurisdiction or EEA

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

  • Service of the claim form in the jurisdiction or EEA
  • Requirement to serve the claim form
  • When is the claim form valid for service (CPR 7.5)
  • Does the original claim form need to be served?
  • Methods of service—personal, post, service provider, leaving at a specified place or electronic service (CPR 6.3)
  • Who is to serve the claim form? (CPR 6.4)
  • Personal service (CPR 6.5)
  • Where to serve the claim form—general provisions (CPR 6.6)
  • Service of the claim form on the defendant's solicitor or European Lawyer within the UK or EEA State (CPR 6.7)
  • Service of the claim form on the defendant where an address has been provided before service (CPR 6.8)
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when determining whether a claim form can be served on a European Lawyer as currently provided for in a number of provisions in Part 6. This Practice Note considers the current position.

For an insight into the impact of Brexit, see Practice Notes: Brexit—service of documents and No deal Brexit—service of documents.

Changes to CPR 6 have been set out in the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 and will come into force on exit day. For information about the changes, including any related practice direction changes set out in the 107th practice direction update, see Practice Note: Brexit—CPR changes—Part 6—service.

This Practice Note sets out the CPR provisions which apply when serving the claim form on the defendant either in the jurisdiction or within the European Economic Area (EEA). In doing so, it considers the rules set out in section II of Part 6. For information on service of the claim form out of the jurisdiction, see: Service outside the jurisdiction—overview.

Requirement to serve the claim form

Proceedings commence when the court issues a claim form at the request of the claimant (CPR 7.2(1)). That claim form must then