Q&As

Where there is a contractual agreement on the method of service, do the provisions in CPR 6.11 apply or do the provisions in CPR 6.7 apply given the mandatory wording in that rule?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 19/08/2019

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Where there is a contractual agreement on the method of service, do the provisions in CPR 6.11 apply or do the provisions in CPR 6.7 apply given the mandatory wording in that rule?
  • CPR 6.11—contractually agreed methods of service
  • CPR 6.7—service on a solicitor
  • Which rule applies where there is a contractually agreed method of service?

Where there is a contractual agreement on the method of service, do the provisions in CPR 6.11 apply or do the provisions in CPR 6.7 apply given the mandatory wording in that rule?

CPR 6.11—contractually agreed methods of service

Where there is a contractual agreement on the method of service to be used for service of a claim that arises in respect of that contract, CPR 6.11 permits service of the claim form via that method as valid. The rule allows parties to agree methods of service that are wider than those permitted by the CPR. For guidance, see Practice Note: Service of the claim form by a contractually agreed method (CPR 6.11).

CPR 6.7—service on a solicitor

Where either the defendant has given in writing the business address of a solicitor within the jurisdiction as an address at which they may be served with the claim form or where the defendant’s solicitor has notified the claimant in writing that they are instructed to accept service of the claim form, the claim form must be served at the business address of that solicitor (CPR 6.7(1)). For guidance, see Practice Note:

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