This Practice Note sets out the rules that apply when serving documents, other than the claim form, particulars of claim or the defence, in proceedings in England and Wales. For example, application notices, witness statements or court orders eg interim charging orders. It includes the methods of service, deemed service and applications for an extension of time. The rules are set out in Section III of Part 6, starting at CPR 6.19. For guidance on the service provisions for specific types of documents, see Practice Notes: • Service in England and Wales—a guide for dispute resolution practitioners which deals with service of the claim form • Service of the particulars of claim • Serving the defence • Part 36 offers—service of offer, notice of acceptance, variation or withdrawal • Civil contempt proceedings—application considerations When serving documents: • in Scotland or Northern Ireland, the document must be served by a method permitted by Section III of Part 6 and CPR 6.23(4) applies (CPR 6.40(2)) • outside the UK, see Practice Note: Cross-border

This Practice Note considers service of documents under the Companies Act 2006 (CA 2006), as an alternative to serving documents under the provisions in Part 6 of the Civil Procedure Rules (CPR 6). The Practice Note considers the requirements for a service address, the application of the provisions in the Act for service on a company (CA 2006, s 1139) or on the directors, company secretary and others (CA 2006, s 1140). It also considers service on overseas companies as well as service on a limited liability partnership under the Limited Liability Partnerships (Application Of Companies Act 2006) Regulations 2009, SI 2009/1804 which makes modifications to CA 2006. Practical consideration: the service provisions in the CA 2006 apply whatever the purpose of the document ie irrespective of whether the document to be served is in relation to the director’s office or in connection with the related company, as confirmed in Key Homes Bradford v Patel (2014). Parallel regimes in the CPR and the Companies Act 2006 When serving documents in England and Wales:

This Practice Note considers the rules in place for service in England and Wales of any documents in connection with civil or commercial proceedings in a foreign court or tribunal. This requires consideration of provisions in CPR 6 and the King’s Bench Guide. Key documents/definitions • convention country—this is defined in CPR 6.49(a) as ‘a country in relation to which there is a Civil Procedure Convention’. A Civil Procedure Convention has the same meaning as that in CPR 6.31(c) ie any Convention (including the Hague Service Convention) entered into by the UK regarding service out of the jurisdiction • foreign court or tribunal—a court or tribunal in a country outside of the UK (CPR 6.49(b)), and • process server—is defined in CPR 6.49(c) as follows: ◦ a process server appointed by the Lord Chancellor to serve documents to which Section V of CPR 6 applies, or ◦ the process server’s agent Initial checks for incoming foreign process When considering service of documents from

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers service in England and Wales in relation to documents from an EU Member State court or tribunal under Regulation (EC) 1393/2007, the Service Regulation. The content in this Practice Note only applies where the transitional provisions under the Withdrawal Agreement between the UK and the EU apply. For guidance on the position where the Service Regulation is not applicable, this includes all proceedings commenced after 31 December 2020, see Practice Note: Serving in England and Wales—serving documents from a foreign court or tribunal. Key documents • Withdrawal Agreement—this defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) as the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the UK’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it). The Withdrawal Agreement

Dispute Resolution analysis: Deputy Master Bowles held that service of the claim form and particulars of claim on individual and corporate defendants in Saudi Arabia had not been effective, as none of the methods of attempted service were carried out in accordance with local law—this was in breach of the order granting permission to serve out of the jurisdiction and contrary to the method of serving out permitted by CPR 6.40(3)(c). The master also refused the claimants' application to authorise alternative service pursuant to CPR 6.15 and 6.27, finding there was no good reason to do so. On that basis the defendants had not been properly served and the default judgment (and related orders) against the defendants were set aside. Written by Michael Rhode, senior associate at Trowers & Hamlins LLP.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the position in relation to service of documents from England and Wales on a defendant in an EU Member State where the process for service is commenced prior to 31 December 2020. This requires consideration of provisions in CPR 6 alongside the Withdrawal Agreement and the EU Commission’s Notice to Stakeholders dealing with civil justice. Different considerations apply if commencing service of documents after this date. For the position where service is being commenced on or after 1 January 2021, see Practice Note: Cross-border service—serving in an EU Member State. References to Part 6 and its associated practice direction in this Practice Note are to the provisions in force prior to 31 December 2020 at 11 pm: Key documents • Withdrawal Agreement—is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) as the agreement between the UK and the EU under Article 50(2) of the Treaty

This Practice Note sets out the rules that apply when serving the defence in proceedings. The rules are set out in Section III of Part 6 which starts at CPR 6.20. Specific rules relating to the defence are set out in CPR 15. This Practice Note provides assist with methods of service (CPR 6.20), who is required 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). The rules in Part 6 are supplemented by guidance set out in CPR PD 6A. It should be noted that the rules in Part 6 and the guidance in the practice direction are not specific to a defence but apply to documents other than the claim form. For guidance

A right that an owner of heritable property has over property owned by another.

Requirements for a servitude Servitudes are subordinate real rights over a property (the burdened property) for the benefit of another property (the benefited property) which may be exercised by the owner of the benefited property, their tenants and invitees. These include eg rights of access, rights to lay pipes and cables under or over the burdened property and rights to overhang the burdened property. The law of servitudes was clarified and simplified by the Title Conditions (Scotland) Act 2003 (TC(S)A 2003). Servitudes run with the land and can be enforced by successors in title to the benefited property. Servitudes must be positive ie they must be a right to do something rather than a restriction preventing the burdened property being used in a particular way (eg prohibiting building on the burdened property above a certain height). It became incompetent to create negative servitudes on 28 November 2004. Negative servitudes created before 28 November 2004 were automatically converted on that day into real burdens by the TC(S)A 2003, s 80(1) and were extinguished

Essential features of a servitude The requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—creation, interpretation and extinguishment—Requirements for a servitude. Servitudes must be positive ie they must be the right to do something rather than a restriction preventing the burdened property being used in a particular way (eg prohibiting building on the burdened property above a certain height). It became incompetent to create negative servitudes on 28 November 2004 by virtue of the section 29 of the Title Conditions (Scotland) Act 2003 (TC(S)A 2003). The following four features should be considered when determining whether a servitude exists: • controllable by law—in Dyce, it was held that if a right claimed is not susceptible to judicial control, it will not be recognised as a servitude. In both Fearnan and Henderson, this included rights which were set out in such vague terms that they were incapable of enforcement by the courts. • subordinate, praedial, real right—a servitude can only exist over one property

Cancelling a judgment or order or a step taken by a party in the proceedings.

This set of notes and specimen documents forms an automatic enrolment (AE) pack intended to enable employers, including small and micro-employers, to deal with the requirement to enrol employees into an AE scheme. It consists of the following: (A) Notes about AE (i) the statutory obligation (ii) financial thresholds and limits (iii) the statutory and other key terms (B) Documents (i) letters (ii) notices (iii) the employment contract—sample pension clauses The providers of AE schemes normally supply all necessary letters and notices, but not necessarily all that are needed in all applicable circumstances and usually none that are needed if the employer complies with the AE obligation by the use of a qualifying pension scheme that is not an automatic enrolment pension scheme. (A) Notes about AE 1 The statutory obligation The main provisions of the law are in Part 1 of the Pensions Act 2008 (PenA 2008) and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, SI 2010/772, both as subsequently amended. AE was introduced in stages starting with the largest employers on 1 October 2012 and was extended to all