Service of the claim form—service on the defendant or their solicitor

Published by a LexisNexis Dispute Resolution expert

Practice notes

Service of the claim form—service on the defendant or their solicitor

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note considers the rules set out in CPR 6 dealing with service of the claim form, in the jurisdiction, ie England and Wales, that apply when determining who is to be served with the claim, the defendant, their solicitor or their agent. In addition, it considers rules that apply to specific types of defendants, being the Crown, children and protected parties.

Relevance of who is to be served

It is important when serving the claim form to be aware that different provisions in CPR 6 apply depending on the type of defendant, whether they have instructed solicitors to accept service on their behalf or whether they have an agent acting on their behalf. The key considerations are addressed in this Practice Note:

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service on the defendant’s solicitor—for guidance, see: The defendant's solicitor (CPR 6.7)—general and The defendant's solicitor at a business address in England and Wales (CPR 6.7(1)) below, as well as Practice Note: Cross-border service—serving in Scotland or Northern Ireland—Court permission is not required—service on the defendant’s solicitor