Dispute Resolution analysis: The High Court dismissed an appeal concerning service of an amended claim form, holding that where a claimant amends a sealed claim form under CPR 17.1(1) before service by endorsing the original document, there is no requirement to file the amended version with the court before service. The court emphasised the absence of any express or implied rule imposing such a requirement and rejected arguments based on practice, electronic filing procedures, and open justice. The decision confirms that failure to file before service does not invalidate service, although filing remains good practice and the rules may warrant clarification.

This Practice Note explains how to serve a divorce petition (application for a matrimonial order) or an application for a civil partnership dissolution within the jurisdiction. It covers the documents to be served and different methods of service including the rules regarding personal service. Also covered are locating the respondent, alternative service, deemed service and dispensing with service. The rules concerning service on a child and protected party are explained. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010). For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. The changes made to the procedure include changes as to the rules regarding service. For details of the provisions regarding service of matrimonial and civil partnership applications in proceedings that were issued

This Practice Note explains how to serve an application for a matrimonial or civil partnership order within the jurisdiction, where the proceedings are issued on or after 6 April 2022. For information regarding service of such proceedings issued prior to 6 April 2022, see Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction (pre-DDSA 2020). It covers the documents to be served and different methods of service including the rules regarding personal service and service by email and time limits on service. Also covered are locating the respondent, alternative service, deemed service and dispensing with service. The rules concerning service on a child and protected party are explained. For information regarding service of documents in family proceedings other than applications for matrimonial and civil partnership orders in the UK see Practice Notes: • Service of documents in family proceedings other than applications for matrimonial and civil partnership

Dispute Resolution analysis: The High Court set aside a default judgment obtained in county court defamation proceedings where the claim form had not been validly served and struck out those proceedings as an abuse of process because they duplicated High Court proceedings concerning the same publication. In the High Court claim, the court granted the defendants a retrospective extension of time to pursue a CPR 11 jurisdiction challenge, applying the three-stage test in Denton v TH White Ltd to a 12-day delay, before setting aside the claim form for failure to effect valid service within the CPR time limit. The decision illustrates the strict approach to service, the risks of duplicative defamation proceedings, and the need for care when treating a late CPR 11 application as engaging CPR 3.9 rather than, or in addition to, the court’s CPR 3.1(2)(a) case management power.

Dispute Resolution analysis: The Technology and Construction Court held that purported service of a claim form by email on the defendants’ solicitors was invalid because the solicitors had never notified the claimant, for the purposes of CPR 6.7, that they were authorised to accept service. The court also held that email footers referring to electronic service did not cure the absence of authority and that the claimant had failed to comply with CPR PD 6A, para 4.2. The claimant’s application for retrospective validation of service under CPR 6.15 was refused notwithstanding that the defendants were aware of the existence and content of the claim form before expiry. That knowledge was not sufficient because the claimant had not taken reasonable steps to comply with the rules and the defendants would lose a potentially accrued limitation defence. The decision reinforces the strict approach taken to service requirements and the limited scope of CPR 6.15 relief.

This Practice Note provides guidance on service of applications for a matrimonial or civil partnership order and other documents in family proceedings outside the jurisdiction of England and Wales. It covers service in Scotland or Northern Ireland, service in Hague Service Convention countries and service in all other countries in relation to proceedings issued on or after 6 April 2022. It explains the time for service and for acknowledging service of matrimonial and civil partnership applications it also considers the requirements for a translation. In relation to matrimonial or civil partnership proceedings that were issued prior to 6 April 2022, see Practice Note: Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020). For provisions regarding the service of court documents in family proceedings within the EU before implementation period (IP) completion day (11 pm on 31 December 2020), see: Service on a party in an EU Member State before IP completion day. The rules about

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 contain the core provisions regarding service in family proceedings, although note that specific provisions in any other Part of FPR 2010, other legislation or practice directions may overrule the general provisions, as can a direction of the court in a particular matter. The United Kingdom means England, Scotland, Wales and Northern Ireland. There are specific rules in respect of service of applications for matrimonial and civil partnership orders, which are set out in chapter 2 of FPR 2010, SI 2010/2955, Pt 6 (SI 2010/2955, 6.3–6.22). See Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction (pre-DDSA 2020). For information regarding service of documents in family proceedings outside the jurisdiction see Practice Notes: • Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020) For information regarding service of documents in financial proceedings see: Service in financial proceedings. The rules relating to service within the

This Practice Note provides guidance on service of documents in family proceedings outside the jurisdiction of England and Wales in relation to proceedings that were issued by the court prior to 6 April 2022. It covers service in Scotland or Northern Ireland, service in Hague Service Convention countries and service in all other countries. It explains the time for acknowledging service and requirements for a translation. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) has been in force since 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. The changes made to the procedure include changes to the rules regarding service. For details of the provisions regarding service of matrimonial and civil partnership applications in proceedings that were issued by the court on or after

Opening proceedings When insolvency proceedings are commenced, each process will have its own procedure for serving the relevant documents. The positions for bankruptcy, compulsory liquidation and administration are summarised below. Bankruptcy Bankruptcy petitions presented by a creditor must be personally served by the creditor (or on their behalf) on the debtor, unless an order is made by the court for substituted service. This is dealt with at paragraph 1 and the table at the end of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Sch 4. Service is typically effected by the petitioning creditor (or their solicitor/authorised agent) delivering a sealed copy of the bankruptcy petition to the debtor. The bankruptcy petition must be served at least 14 days before the first hearing, unless the court hears the matter as an 'expedited' petition where: • the debtor has absconded • the court is satisfied that it is a proper case for an expedited hearing, or • the debtor consents in writing to a

This Practice Note considers the rules for service of documents on the defendant’s solicitor in a European Economic Area (EEA) state or on a European Lawyer acting for the defendant. It is important to be aware that Part  6 was amended on 31 December 2020 to remove reference to service on solicitors in an EEA state or on a European Lawyer. However, where notification, in accordance with the relevant rules, was received prior to 31 December 2020, transitional provisions apply. If no such notification was received before that date, the provisions are not applicable. For guidance on the transitional provisions, see: Transitional provisions for CPR 6.7 and CPR 6.23 after 31 December 2020 below. Note: • this Practice Note refers to the relevant provisions as old rule 6.7 and old rule 6.23 • the EEA states comprise the EU Member States together with Iceland, Liechtenstein and Norway. Note: The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, reg 18(4) provides that an ‘EEA state’

This Practice Note considers the service of insolvency proceedings on persons located out of the jurisdiction. It does not discuss service generally. For further reading on service generally, see Practice Notes: • Service of documents in insolvency proceedings—how service is effected, what needs to be served and when • What you can do if you cannot effect service of insolvency proceedings on the respondent Is permission required to serve out of the jurisdiction? The general position for the service of applications issued within a formal insolvency process where service is required is that the methods set out in CPR 6 apply with such modifications as the court may approve or direct (as provided by Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Sch 4, para 1(8)). The table at the end of IR 2016, SI 2016/1024, Sch 4 states that an application to court is to be treated as a claim form for the purpose of CPR 6. CPR 6.32 and CPR 6.33 set out the circumstances in which

Dispute Resolution analysis: The High Court held that the United States had been validly served with Janssen-Cilag’s patent revocation claim because it had agreed to service within the meaning of section 12(6) of the State Immunity Act 1978 (SIA1978) by voluntarily providing a UK address for service on the UK Intellectual Property Office register. However, the court also determined that a patent revocation claim is not ‘an action in rem’ for the purposes of SIA 1978, s 12(7). As a result, the alternative service orders previously granted on the basis that the claim fell within the SIA 1978, s 12(7) exception had been made without jurisdiction. The decision provides important guidance on service of proceedings against foreign states that own UK intellectual property rights and on the scope of the procedural exceptions in the Act.