In this Part –
(a) ‘bank holiday’ means a bank holiday under the Banking and Financial Dealings Act 1971in the part of the United Kingdom where service is to take place;
(b) ‘business day’ means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;
(c) ‘claim’ includes petition and any application made before action or to commence proceedings and ‘claim form’, ‘claimant’ and ‘defendant’ are to be construed accordingly; and
(d) ‘solicitor’ includes other authorised litigators within the meaning of the Courts and Legal Services Act 1990.
(1) A claim form may be served by any of the following methods –
(a) personal service in accordance with rule 6.5;
(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction A supplementing this Part;
(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
(d) fax or other means of electronic communication in accordance with Practice Direction A supplementing this Part; or
(e) any method authorised by the court under rule 6.15.
(2) A company may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service set out in the Companies Act 1985 or the Companies Act 2006.
(3) A limited liability partnership may be served –
(a) by any method permitted under this Part; or
(b) by any of the methods of service set out in section 725 of the Companies Act 1985.
(1) The court will serve the claim form except where –
(a) a rule or practice direction provides that the claimant must serve it;
(b) the claimant notifies the court that the claimant wishes to serve it; or
(c) the court orders or directs otherwise.
Chancery Guide Paragraph 2.4. Part 6 applies to the service of documents, including claim forms. Unless the claimant notifies the court that he or she wishes to serve the claim form, or the court directs otherwise, it will be served by the court. Many solicitors, however, will prefer to serve the claim form themselves and will notify the court that they wish to do so.
(1) Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.
(2) In other cases, a claim form may be served personally except –
(a) where rule 6.7 applies; or
(b) in any proceedings against the Crown.
(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)
(3) A claim form is served personally on –
(a) an individual by leaving it with that individual;
(b) a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or
(c)…
Personal service on a registered company or corporation in accordance with rule 6.5(3) is effected by leaving a document with a person holding a senior position.
Each of the following persons is a person holding a senior position –
(1) in respect of a registered company or corporation, a director, the treasurer, the secretary of the company or corporation, the chief executive, a manager or other officer of the company or corporation; and
(2) in respect of a corporation which is not a registered company, in addition to any of the persons set out in sub-paragraph (1), the mayor, the chairman, the president, a town clerk or similar officer of the corporation.
(1) The claim form must be served within the jurisdiction except where rule 6.11 applies or as provided by Section IV of this Part.
(2) The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode, unless the court orders otherwise.
(Paragraph 2.4 of the practice direction supplementing Part 16 contains provisions about postcodes.)
(3) Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.
Service by post … is effected by –
(1) placing the document in a post box;
Subject to rule 6.5(1), where –
(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)
Subject to rules 6.5(1) and 6.7 –
(a) the defendant may be served with the claim form at an address within the jurisdiction which the defendant has given for the purpose of being served with the proceedings; or
(b) in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 19875.
(1) This rule applies where –
(a) rule 6.5(1) (personal service);
(b) rule 6.7 (service of claim form on solicitor); and
(c) rule 6.8 (defendant gives address at which the defendant may be served),
do not apply and the claimant does not wish to effect personal service under rule 6.5(2).
(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.
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Nature of defendant to be served |
Place of service |
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1. Individual |
Usual or last known residence. |
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2. Individual being sued in the name of a business |
Usual or last known residence of the individual; or |
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principal or last known place of business. |
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3. Individual being sued in the business name of a partnership |
Usual or last known residence of the individual; or |
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principal or last known place of business of the partnership. |
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4. Limited liability partnership |
Principal office of the partnership; or |
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any place of business of the partnership within the jurisdiction which has a real connection with the claim. |
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5. Corporation (other than a company) incorporated in England and Wales |
Principal office of the corporation; or |
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any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim. |
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6. Company registered in England and Wales |
Principal office of the company; or |
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any place of business of the company within the jurisdiction which has a real connection with the claim. |
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7. Any other company or corporation |
Any place within the jurisdiction where the corporation carries on its activities; or |
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any place of business of the company within the jurisdiction. |
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address; or
(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.
(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.
(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place of business; and
(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).
A claim form served in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).
(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.
(2) On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
(3) An application for an order under this rule –
(a) must be supported by evidence; and
(b) may be made without notice.
(4) An order under this rule must specify –
(a) the method or place of service;
(b) the date on which the claim form is deemed served; and
(c) the period for –
(i) filing an acknowledgment of service;
(ii) filing an admission; or
(iii) filing a defence.
Where an application for an order under rule 6.15 is made before the document is served, the application must be supported by evidence stating –
(1) the reason why an order is sought;
(2) what alternative method or place is proposed, and
(3) why the applicant believes that the document is likely to reach the person to be served by the method or at the place proposed.
Where the application for an order is made after the applicant has taken steps to bring the document to the attention of the person to be served by an alternative method or at an alternative place, the application must be supported by evidence stating –
(1) the reason why the order is sought;
(2) what alternative method or alternative place was used;
(3) when the alternative method or place was used; and
(4) why the applicant believes that the document is likely to have reached the person to be served by the alternative method or at the alternative place.
Examples –
(1) an application to serve by posting or delivering to an address of a person who knows the other party must be supported by evidence that if posted or delivered to that address, the document is likely to be brought to the attention of the other party;
(2) an application to serve by sending a SMS text message or leaving a voicemail message at a particular telephone number saying where the document is must be accompanied by evidence that the person serving the document has taken, or will take, appropriate steps to ensure that the party being served is using that telephone number and is likely to receive the message; and
(3) an application to serve by e-mail to a company (where paragraph 4.1 does not apply) must be supported by evidence that the e-mail address to which the document will be sent is one which is likely to come to the attention of a person holding a senior position in that company.
(1) The court may dispense with service of a claim form in exceptional circumstances.
(2) An application for an order to dispense with service may be made at any time and –
(a) must be supported by evidence; and
(b) may be made without notice.
(1) Where the court serves a claim form …
(2) Where the claimant serves the claim form, the claimant –
(a) must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and
(b) may not obtain judgment in default under Part 12 unless a certificate of service has been filed.
(3) The certificate of service must state –
(a) where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and
(b) the details set out in the following table.
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Method of service |
Details to be certified |
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1. Personal service |
Date of personal service. |
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2. First class post, document exchange or other service which provides for delivery on the next business day |
Date of posting, or |
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leaving with, delivering to or collection by the relevant service provider. |
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3. Delivery of document to or leaving it at a permitted place |
Date when the document was delivered to or left at the permitted place. |
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4. Fax |
Date of completion of the transmission. |
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5. Other electronic method |
Date of sending the e-mail or other electronic transmission. |
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6. Alternative method or place |
As required by the court. |
Where, pursuant to rule 6.17(2), the claimant files a certificate of service, the claimant is not required to and should not file –
(1) a further copy of the claim form with the certificate of service; and
(2) a further copy of –
(a) the particulars of claim (where not included in the claim form); or
(b) any document attached to the particulars of claim,
with the certificate of service where that document has already been filed with the court.