Dispute Resolution analysis: HHJ Peter Hughes QC, refused to overturn a Master’s decision not to extend time for service of the claim form. The fact that the application to extend was made after the expiry of the validity period meant that the additional requirements in CPR 7.6(3) had to be met. It was considered that the claimant had not acted quickly enough to seek to restore one of the defendant companies to the companies register to enable service within the validity period of the claim form and so the first of the requirements had not been met.

This Practice Note considers service of the claim form where there is an agreed method of service in a contract between the parties for service of court documents. It looks at requirements for service of the claim form under CPR 6.11. For guidance on: • contractually agreed methods of service, see Practice Note: Contractually agreed methods of service • methods of service in the jurisdiction, see Practice Note: Service in England and Wales—a guide for dispute resolution practitioners • methods of service out of the jurisdiction, see Practice Note: Cross-border service—methods of effecting service The claim form—CPR 6.11 requirements CPR 6.11 covers the position where parties have contractually agreed a method of service or a place of service for the claim form. The following must be complied with: Requirement Judgment The claim must be solely in respect of that contract. This requirement was considered in:—Taberna Europe CDO II PLC v Selskabet [2012] EWCA Civ 1701 at para [11] in an application for permission to appeal.

This Flowchart sets out the steps required to ensure valid service of the claim form in England and Wales.

This Practice Note considers who is required to serve the claim form on the defendant: the court or the claimant? Who is to serve the claim form? The court will always serve the claim form unless one of the three provisions within CPR 6.4(1) applies: • the claimant must serve the claim form pursuant to a CPR or a practice direction • the claimant has notified the court that it wishes to serve the claim form, or • the court orders or directs otherwise In some specialist courts, the claim form must be served by the claimant rather than the court. These courts constitute the Rolls Building jurisdictions. This may be due to provisions in the CPR, guidance in the relevant court guide or practice developed over time: • Admiralty Court—see CPR 61.1(3) and CPR PD 58, para 9 • Commercial Court—see CPR PD 58, para 9 and Court specific guidance below. Note, this provision does not apply in the Circuit Commercial Court • Chancery Division in London—the practice is

This Practice Note considers the phrase ‘deemed service’. This phrase is used in CPR 6.14 and this Practice Note considers what it means and its purpose when considered alongside the validity period of the claim form as set out in CPR 7.6. Note that there may be no correlation between the deemed date and the actual date on which the defendant is served with the claim form. For practitioners using Money Claims online, the provision in CPR 6.14 is not applicable. For information, see: Deemed date of service for Money claims online below. Note the deemed service provisions for the claim form in CPR 6.14 differ to the deemed service provisions for other types of documents; such provisions are set out in CPR 6.26. For guidance, see Practice Notes: Serving the defence—Deemed service (CPR 6.26) and Serving documents (excluding the claim form, particulars of claim and defence), specifically, main section: Deemed service (CPR 6.26). What is the deemed date of service? CPR 6.14 sets out a short rule dealing with the deemed

This Practice Note considers the different methods of service available when serving a claim form in England and Wales. The methods considered are set out in CPR 6 and CPR 55. Note that: • where there is a contractually agreed method of service between the parties, the provisions in CPR 6.11 will apply. For guidance, see Practice Note: Service of the claim form by a contractually agreed method (CPR 6.11) • the Companies Act 2006 also contains rules for service which may be applied as alternatives to the service rules in the CPR. For information, see Practice Note: Serving documents under the Companies Act 2006 • when encountering difficulties with service, it may be possible to effect service by alternative methods (CPR 6.3(1)(e)). The rules for this are set out in CPR 6.15. For guidance, see Practice Notes: Alternative service—principles, Alternative service—making an application and Alternative service—illustrative decisions • HMRC have requested that service of new proceedings on it should be by email (rather than by post) where

This Practice Note considers service of the claim form on a defendant who has not provided any address for service. CPR 6.9 sets out the relevant rules in relation to ascertaining an address for service of the claim form on the defendant. Can I still serve the claim form? In cases in which the defendant has not provided an address for service, CPR 6.9(1) provides that the claim form may be served at an address provided for in CPR 6.9(2) but only if the claimant does not wish to effect personal service under CPR 6.5(2). However, this is not available if: • personal service under CPR 6.5(1) is required. For guidance, see Practice Note: Service of the claim form—personal service (CPR 6.5) • the claimant has been notified that service is to be effected on the defendant’s solicitor (CPR 6.7). For guidance, see Practice Note: Service of the claim form—service on the defendant or their solicitor • the rules in CPR 6.8 apply ie the defendant has given an address

This Practice Note considers the ability of the defendant to give notice to the claimant to serve the claim form. The provisions are set out in CPR 7.7. CPR 7.7 notice In cases in which a claim form has been issued, and before it has been served on the defendant by the claimant, CPR 7.7(1) provides that the defendant may serve the claimant with a notice requiring the claimant to either: • serve the claim form, or • discontinue the claim within the period specified in the notice There is no obligation on a defendant to compel service of the claim form by using a CPR 7.7 notice, rather, the defendant has the choice to do so, as seen in Bourlakova v Bourlakova (2022). When considering whether to serve the claimant with a CPR 7.7 notice, note: • the period of time specified in the notice must be at least 14 days after service of the notice (CPR 7.7(2)) • the notice can only be used

This Practice Note considers the rules and authorities governing personal service of the claim form. The relevant civil procedure rule is CPR 6.5. The Practice Note considers when it is a mandatory requirement to use personal service and when personal service may be used despite it not being a mandatory requirement. It considers the different rules which apply depending on whether seeking to effect service on an individual, a corporation or a partnership as well as different scenarios in which difficulties may be encountered in seeking to effect personal service. Mandatory requirement to use personal service CPR 6.5 sets out the rules for personal service of the claim form. However, it does not stipulate when personal service is required, instead it states that personal service must be effected if required in another Part of the CPR, a practice direction, court order or any other enactment. An example is the requirement in CPR 81.5(1), which generally requires a contempt application and supporting evidence to be served personally. This is subject to any contrary direction

This Practice Note explains whether the claim form needs to be sealed prior to service in the jurisdiction, ie England and Wales. Does the claim form need to be sealed prior to service? Proceedings are commenced when the court issues the claim form (CPR 7.2(1)). This issue of the claim form is characterised by the fact that the court seal has been added. The CPR glossary defines a seal as follows: ‘A seal is a mark which the court puts on a document to indicate that the document has been issued by the court.’ When considering the seal on a claim form, it should be noted that: • the court adds the seal to the claim form either by hand or by printing a facsimile of the seal on the document, whether electronically or otherwise • where a document purports to bear the court's seal, it is admissible in evidence without any further proof (section 132 of the Senior Courts Act 1981) General requirement—service of the original sealed

This Practice Note considers the rules set out in CPR 6 dealing with service of the claim form, in the jurisdiction, ie England and Wales, that apply when determining who is to be served with the claim, the defendant, their solicitor or their agent. In addition, it considers rules that apply to specific types of defendants, being the Crown, children and protected parties. Relevance of who is to be served When serving the claim form, different provisions in CPR 6 apply depending on the type of defendant, whether they have instructed solicitors to accept service on their behalf or whether they have an agent acting on their behalf. The key considerations are addressed in this Practice Note: • service on the defendant’s solicitor—for guidance, see: The defendant's solicitor (CPR 6.7)—general and The defendant's solicitor at a business address in England and Wales (CPR 6.7(1)) below, as well as Practice Note: Cross-border service—serving in Scotland or Northern Ireland—Court permission is not required—service on the defendant’s solicitor • service on the defendant—for

This Practice Note provides guidance on the timing for service of the claim form. The claim form must be served within the validity period ie between the date of issue of the claim form and the deadline set out either in CPR 7 or in a specific statute. The Practice Note explains the validity period and then sets out how to determine both the date of issue and the deadline for service. The deadlines are different depending on whether serving the claim form in England or Wales or in another jurisdiction. The Practice Note also provides example scenarios when determining the date of issue of the claim form. A key consideration when determining the time period for service of the claim form is that the particulars of claim, while they do not need to be served with the claim form, must also be served within the validity period for the claim form (CPR 7.4). The rationale being that the defendant is entitled to know the full extent of the claim being brought