Serving the defence
Serving the defence

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

  • Serving the defence
  • Requirement to serve a defence (CPR 15.6)
  • Time period for serving the defence
  • Agreement extending the period for serving the defence
  • Court application to extend time for serving the defence
  • Failure to serve a defence
  • Methods of service for the defence (CPR 6.20)
  • Service by email
  • Serving a defence on a company/limited liability partnership
  • Company
  • More...

Serving the defence

This Practice Note sets out the rules that apply when seeking to serve the defence in proceedings. The rules are set out in Section III, Part 6 which starts at CPR 6.20. The Practice Note considers the methods of service (CPR 6.20), who is to serve (CPR 6.21), personal service (CPR 6.22), address for service to be given after proceedings are started (CPR 6.23), change of address for service (CPR 6.24), service on children and protected parties (CPR 6.25), deemed service (CPR 6.26), service by an alternative method or at an alternative place (alternative service) (CPR 6.27), the power to dispense with service (CPR 6.28) and the requirement for a certificate of service (CPR 6.29).

For guidance on filing a defence, see Practice Note: Filing the defence.

For guidance on service of the claim form in the jurisdiction, see Practice Note: Service of the claim form—service in the jurisdiction.

Requirement to serve a defence (CPR 15.6)

A defendant who wishes to defend all or part of a claim must file a defence with the court (CPR 15.2). CPR 16 sets out what the defence must contain.

Where a defence is filed with the court, a copy of the defence must be served on every other party to the proceedings. This includes not only the claimant(s), but any other defendants in the proceedings (CPR 15.6).

When serving a defence,

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