Serving the claim form under the Companies Act 2006
Serving the claim form under the Companies Act 2006

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

  • Serving the claim form under the Companies Act 2006
  • Parallel regimes in the CPR and the Companies Act 2006
  • Service on a company incorporated in E&W
  • Service in the jurisdiction on a company registered in Scotland or Northern Ireland
  • Service in the jurisdiction on an overseas company
  • Definition of an overseas company
  • Requirement to register company particulars
  • Methods of service
  • Service out of the jurisdiction on an overseas company
  • Service in the jurisdiction on directors, secretaries
  • More...

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.

Parallel regimes in the CPR and the Companies Act 2006

CPR 6.3(2) provides that when serving a company with a claim form, the claim form may be served by:

  1. any method permitted under Part 6, which includes personal service, post, DX, fax or other electronic means, or

  2. any of the methods of service permitted under the Companies Act 2006 (CA 2006)

In Key Homes Bradford v Patel, a case considering service of a claim form, Master Marsh held that the provisions in CPR 6 and CA 2006, s 1140 provide parallel regimes for the purposes of effecting good service. He found that CA 2006, s 1140 applies whatever the purpose of the document is, irrespective of whether the service is in relation to the director’s office or in connection with the related company. For an insight into the issues considered in Key Homes Bradford, see News Analysis: The CPR and Companies Act 2006 provide parallel regimes to effect good service (Key Homes Bradford v Patel).

CPR 6.7 provides that where a defendant or a solicitor has given written notice to the claimant that the defendant’s solicitor is instructed to accept service the claim form must be

Related documents:

Popular documents