Service

Q&As

Where a claim form and particulars of claim issued via MCOL is served on the defendant at an incorrect address does the claimant need to amend the address on the claim form or is the claimant able to serve it on the defendant at the correct address without any amendment?

Issuing a claim via MCOLAs explained in CPR PD 7E, a claimant may request the issue of a claim form by completing and sending an online claim form and...

Produced in partnership with James Tunley of Lamb Chambers 6th May

Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...

27th Apr

Brexit

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K&L Gates 21st Apr

Practice notes

Service of the claim form—service in the jurisdiction

Coronavirus (Covid-19): The ability to serve a claim form within the requisite time period may be affected by the impact of coronavirus. For guidance,...

19th Apr

Precedents

Witness statement in support of an application for an order declaring that the service of the Claim Form without the permission of the Court was ineffective

Practical considerations arising from the UK leaving the EU are set out in the general drafting notes to this Precedent.Filed on behalf of the...

19th Apr

Precedents

Witness statement opposing an application for an order declaring that the service of the claim form without the permission of the court was ineffective

Practical considerations arising from the UK leaving the EU are set out in the general drafting notes to this Precedent.Filed on behalf of the...

19th Apr

Practice notes

Serving outside the jurisdiction—service when no formal jurisdictional regime applies (is permission required?)

This Practice Note looks at service of documents outside England and Wales where there is no formal jurisdictional regime in place with the country in...

16th Apr

Practice notes

Service out of the jurisdiction—process flow

The UK's departure from the EU on 31 January 2020 has implications for practitioners serving documents out of England and Wales not only in an EU...

16th Apr

Practice notes

The Service Regulation—service outside the jurisdiction

This Practice Note explains the application of the Service Regulation. Service under the regulation is only applicable between the UK and EU Member...

Produced in partnership with Camilla McPherson 16th Apr

Practice notes

Determining whether permission is required to serve the claim form out of England and Wales

This Checklist sets out when permission of the courts of England and Wales is required, may be required or is not required when serving a claim form...

14th Apr

Precedents

Draft order declaring that the service of the claim form without the permission of the court was ineffective

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

Produced in partnership with Nicholas Pointon of St John's Chambers 13th Apr

Precedents

Drafting note for application notice seeking an order declaring that the service of the claim form without the permission of the court was ineffective

There are a limited number of circumstances in which the claimant does not require permission to serve the claim form outside England and Wales. To...

Produced in partnership with Nicholas Pointon of St John's Chambers 12th Apr

Practice notes

Serving documents under the Companies Act 2006

Parallel regimes in the CPR and the Companies Act 2006CPR 6.3(2) provides that when serving a company with a claim form, the claim form may be served...

12th Apr

Practice notes

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...

12th Apr

Q&As

Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday, would service be effective from the following Tuesday, ie 2 business days?

This Q&A is only applicable where service took place under the Service Regulation, was commenced before 31 December 2020 at 11 pm and the transitional...

9th Apr

Q&As

How do I validly serve a claim form in Spain/Canary Islands?

As a general rule, documents must be served within the jurisdiction (CPR 6.6(1), CPR 2.3). However, there are exceptions to this rule that permit...

9th Apr

Q&As

How do I serve a warrant of committal on a respondent resident in Italy?

Where the court makes a committal order, the order is for the issue of a warrant of committal. A warrant of committal then needs to be executed,...

9th Apr

Q&As

Under Article 8 of the Regulation (EC) 1393/2007, the Service Regulation, if the addressee of the documents understands English is there any other reason that a translation maybe required?

Requirement for a translationRecital 12 and Article 8 of Regulation (EC) 1393/2007, the Service Regulation provide that an addressee may refuse to...

9th Apr

Q&As

Is there an official document which sets out the position of Bulgaria regarding the EU Service Regulation. Is it a signatory and do any restrictions/exceptions apply?

Bulgaria joined the EU on 1 January 2007. For further information on this, see: EU member countries in brief.Article 26 of Regulation (EC) 1393/2007,...

9th Apr

Q&As

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form out of the jurisdiction?

Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...

9th Apr

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