The Civil Procedure Rules 1998

PART 6 E+W SERVICE OF DOCUMENTS

Modifications etc. (not altering text)

C1 Pt. 6 applied (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.10

C2 Pt. 6 excluded (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.11(1)

Contents of this Part

I GENERAL RULES ABOUT SERVICE
Part 6 rules about service apply generally	Rule 6.1
Methods of service—general	Rule 6.2
Who is to serve	Rule 6.3
Personal service	Rule 6.4
Address for service	Rule 6.5
Service of documents on children and patients	Rule 6.6
Deemed service	Rule 6.7
Service by an alternative method	Rule 6.8
Power of court to dispense with service	Rule 6.9
Certificate of service	Rule 6.10
Notice of non-service	Rule 6.11
II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM
General rules about service subject to special rules about service of claim form	Rule 6.12
Service of claim form by the court—defendant’s address for service	Rule 6.13
Certificate of service relating to the claim form	Rule 6.14
Service of claim form by contractually agreed method	Rule 6.15
Service of claim form on agent of principal who is overseas	Rule 6.16
[F1 Scope of this Section	Rule 6.17
Definitions	Rule 6.18
Service out of the jurisdiction where the permission of the court is not required	Rule 6.19
Service out of the jurisdiction where the permission of the court is required	Rule 6.20
Application for permission to serve claim form out of the jurisdiction	Rule 6.21
Period for acknowledging service or for admitting the claim where claim form served out of the jurisdiction under rule 6.19	Rule 6.22
Period for filing a defence where claim form served out of the jurisdiction under rule 6.19	Rule 6.23
Method of service—general provisions	Rule 6.24
Service through foreign governments, judicial authorities and British Consular authorities	Rule 6.25
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities	Rule 6.26
Service of claim form on State where court permits service out of the jurisdiction	Rule 6.27
Translation of claim form	Rule 6.28
Undertaking to be responsible for expenses of the Foreign and Commonwealth Office	Rule 6.29
Service of documents other than the claim form	Rule 6.30
Proof of service	Rule 6.31]

Textual Amendments

F1 Words in Pt. 6 Table of Contents inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(1), Sch. 1 Pt. 1

I GENERAL RULES ABOUT SERVICE E+W

Part 6 rules about service apply generally E+W

6.1  The rules in this Part apply to the service of documents, except where—

(a) any other enactment, a rule in another Part, or a practice direction makes a different provision; or

(b) the court orders otherwise.

(Other rules which deal with service include the following—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (a)] service on the Crown—see RSC Order 77 r.4 and CCR Order 42 r.7;

[F4 (b)] service in proceedings for the recovery of land and mortgage possession actions—see RSC Order 10 r.4 and CCR Order 7 rr.15 and15A.)

Textual Amendments

F2 Words in rule 6.1 omitted (2.5.2000) by virtue of The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(2)(a)

F3 Words in rule 6.1 renumbered (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(2)(b)

F4 Words in rule 6.1 renumbered (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(2)(c)

Commencement Information

I1 Rule 6.1 in force at 26.4.1999, see Signature

Methods of service—general E+W

6.2—(1) A document may be served by any of the following methods—

(a) personal service, in accordance with rule 6.4;

(b) first class post;

(c) leaving the document at a place specified in rule 6.5;

(d) through a document exchange in accordance with the relevant practice direction; or

(e) by fax or other means of electronic communication in accordance with the relevant practice direction.

(Rule 6.8 provides for the court to permit service by an alternative method)

(2) A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—

(a) section 725 of the Companies Act 1985(1) (service by leaving a document at or posting it to an authorised place);

(b) section 695 of that Act (service on oversea companies); and

(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).

Commencement Information

I2 Rule 6.2 in force at 26.4.1999, see Signature

Who is to serve E+W

6.3—(1) The court will serve a document which it has issued or prepared except where—

(a) a rule provides that a party must serve the document in question;

(b) the party on whose behalf the document is to be served notifies the court that he wishes to serve it himself;

(c) a practice direction provides otherwise;

(d) the court orders otherwise; or

(e) the court has failed to serve and has sent a notice of non-service to the party on whose behalf the document is to be served in accordance with rule 6.11.

(2) Where the court is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.2 is to be used.

(3) Where a party prepares a document which is to be served by the court, that party must file a copy for the court, and for each party to be served.

Commencement Information

I3 Rule 6.3 in force at 26.4.1999, see Signature

Personal service E+W

6.4—(1) A document to be served may be served personally, except as provided in paragraph (2).

(2) Where a solicitor—

(a) is authorised to accept service on behalf of a party; and

(b) has notified the party serving the document in writing that he is so authorised,

a document must be served on the solicitor, unless personal service is required by an enactment, rule, practice direction or court order.

(3) A document is served personally on an individual by leaving it with that individual.

(4) A document is served personally on a company or other corporation by leaving it with a person holding a senior position within the company or corporation.

(The service practice direction sets out the meaning of “senior position”)

(5) A document is served personally on a partnership where partners are being sued in the name of their firm by leaving it with—

(a) a partner; or

(b) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

Commencement Information

I4 Rule 6.4 in force at 26.4.1999, see Signature

Address for service E+W

6.5—(1) Except as provided by [F5 Section III of this Part] (service out of the jurisdiction) a document must be served within the jurisdiction.

• (“Jurisdiction” is defined in rule 2.3)

(2) A party must give an address for service within the jurisdiction.

(3) Where a party—

(a) does not give the business address of his solicitor as his address for service; and

(b) resides or carries on business within the jurisdiction,

he must give his residence or place of business as his address for service.

(4) Any document to be served—

(a) by first class post;

(b) by leaving it at the place of service;

(c) through a document exchange; or

(d) by fax or by other means of electronic communication,

must be sent or transmitted to, or left at, the address for service given by the party to be served.

(5) Where—

(a) a solicitor is acting for the party to be served; and

(b) the document to be served is not the claim form;

the party’s address for service is the business address of his solicitor.

(Rule 6.13 specifies when the business address of a defendant’s solicitor may be the defendant’s address for service in relation to the claim form)

(6) Where—

(a) no solicitor is acting for the party to be served; and,

(b) the party has not given an address for service,

the document must be sent or transmitted to, or left at, the place shown in the following table.

(Rule 6.2(2) sets out the statutory methods of service on a company)

Nature of party to be served	Place of service
Individual	• Usual or last known residence.
Proprietor of a business	• Usual or last known residence; or
	• Place of business or last known place of business.
Individual who is suing or being sued in the name of a firm	• Usual or last known residence; or
	• Principal or last known place of business of the firm.
Corporation incorporated in England and Wales other than a company	• Principal office of the corporation; or
	• Any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
Company registered in England and Wales	• Principal office of the company; or
	• Any place of business of the company within the jurisdiction which has a real connection with the claim.
Any other company or corporation	• Any place within the jurisdiction where the corporation carries on its activities; or
	• Any place of business of the company within the jurisdiction.

(7) This rule does not apply where an order made by the court under rule 6.8 (service by an alternative method) specifies where the document in question may be served.

[F6 (Rule 42.1 provides that if the business address of his solicitor is given that solicitor will be treated as acting for that party)]

Textual Amendments

F5 Words in rule 6.5 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(3)

F6 Words in rule 6.5 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 5

Commencement Information

I5 Rule 6.5 in force at 26.4.1999, see Signature

Service of documents on children and patients E+W

6.6—(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a patient—

Type of document	Nature of party	Person to be served
Claim form	Child who is not also a patient	• One of the child’s parents or guardians; or
		• if there is no parent or guardian, the person with whom the child resides or in whose care the child is.
Claim form	Patient	• The person authorised under Part VII of the Mental Health Act 1983(2) to conduct the proceedings in the name of the patient or on his behalf; or
		• if there is no person so authorised, the person with whom the patient resides or in whose care the patient is.
Application for an order appointing a litigation friend, where a child or patient has no litigation friend	Child or patient	See rule 21.8.
Any other document	Child or patient	The litigation friend who is conducting proceedings on behalf of the child or patient.

(2) The court may make an order permitting a document to be served on the child or patient, or on some person other than the person specified in the table in this rule.

(3) An application for an order under paragraph (2) may be made without notice.

(4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.

(5) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.

(Part 21 contains rules about the appointment of a litigation friend)

Commencement Information

I6 Rule 6.6 in force at 26.4.1999, see Signature

Deemed service E+W

6.7—(1) A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table—

Method of service	Deemed day of service
First class post	The second day after it was posted.
Document exchange	The second day after it was left at the document exchange.
Delivering the document to or leaving it at a permitted address	The day after it was delivered to or left at the permitted address.
Fax	• If it is transmitted on a business day before 4 p.m, on that day; or
	• in any other case, on the business day after the day on which it is transmitted.
Other electronic method	The second day after the day on which it is transmitted.

[F7 (Rule 2.8 excludes a Saturday, Sunday, a Bank Holiday, Christmas Day or Good Friday from calculations of periods of 5 days or less)]

[F8 (2) If a document is served personally—

(a) after 5 p.m., on a business day; or

(b) at any time on a Saturday, Sunday or a Bank Holiday,

it will be treated as being served on the next business day.]

(3) In this rule—

“business day” means any day except Saturday, Sunday or a bank holiday; and

“bank holiday” includes Christmas Day and Good Friday.

Textual Amendments

F7 Words in rule 6.7 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(4)(a)

F8 Rule 6.7(2) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(4)(b)

Commencement Information

I7 Rule 6.7 in force at 26.4.1999, see Signature

Service by an alternative method E+W

6.8—(1) Where it appears to the court that there is a good reason to authorise service by a method not permitted by these Rules, the court may make an order permitting service by an alternative method.

(2) An application for an order permitting service by an alternative method—

(a) must be supported by evidence; and

(b) may be made without notice.

(3) An order permitting service by an alternative method must specify—

(a) the method of service; and

(b) the date when the document will be deemed to be served.

Commencement Information

I8 Rule 6.8 in force at 26.4.1999, see Signature

Power of court to dispense with service E+W

6.9—(1) The court may dispense with service of a document.

(2) An application for an order to dispense with service may be made without notice.

Commencement Information

I9 Rule 6.9 in force at 26.4.1999, see Signature

Certificate of service E+W

6.10  Where a rule, practice direction or court order requires a certificate of service, the certificate must state—

(a) that the document has not been returned undelivered; and

(b) the details set out in the following table—

Method of service	Details to be certified
Post	Date of posting
Personal	Date of personal service
Document exchange	Date of delivery to the document exchange
Delivery of document to or leaving it at a permitted place	Date when the document was delivered to or left at the permitted place
Fax	Date and time of transmission
Other electronic means	Date of transmission and the means used
Alternative method permitted by the court	As required by the court

Commencement Information

I10 Rule 6.10 in force at 26.4.1999, see Signature

Notice of non-service E+W

6.11  Where—

(a) a document is to be served by the court; and

(b) the court is unable to serve it,

the court must send a notice of non-service stating the method attempted to the party who requested service.

Commencement Information

I11 Rule 6.11 in force at 26.4.1999, see Signature

II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM E+W

General rules about service subject to special rules about service of claim form E+W

6.12  The general rules about service are subject to the special rules about service contained in rules 6.13 to 6.16.

Commencement Information

I12 Rule 6.12 in force at 26.4.1999, see Signature

Service of claim form by the court—defendant’s address for service E+W

6.13—(1) Where a claim form is to be served by the court, the claim form must include the defendant’s address for service.

(2) For the purposes of paragraph (1), the defendant’s address for service may be the business address of the defendant’s solicitor if he is authorised to accept service on the defendant’s behalf but not otherwise.

(Rule 6.5 contains general provisions about the address for service)

Commencement Information

I13 Rule 6.13 in force at 26.4.1999, see Signature

Certificate of service relating to the claim form E+W

6.14—(1) Where a claim form is served by the court, the court must send the claimant a notice which will include the date when the claim form is deemed to be served under rule 6.7.

(2) Where the claim form is served by the claimant—

(a) he must file a certificate of service within 7 days of service of the claim form; and

(b) he may not obtain judgment in default under Part 12 unless he has filed the certificate of service.

(Rule 6.10 specifies what a certificate of service must show)

Commencement Information

I14 Rule 6.14 in force at 26.4.1999, see Signature

Service of the claim form by contractually agreed method E+W

6.15—(1) Where—

(a) a contract contains a term providing that, in the event of a claim being issued in relation to the contract, the claim form may be served by a method specified in the contract; and

(b) a claim form containing only a claim in respect of that contract is issued,

the claim form shall, subject to paragraph (2), be deemed to be served on the defendant if it is served by a method specified in the contract.

(2) Where the claim form is served out of the jurisdiction in accordance with the contract, it shall not be deemed to be served on the defendant unless—

(a) permission to serve it out of the jurisdiction has been granted under RSC Order 11 [F9 rule 6.20]; or

(b) it may be served without permission under RSC Order 11 [F10 rule 6.19].

Textual Amendments

F9 Words in rule 6.15(2) substituted (2.5.2000) by The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 4(a)

F10 Words in rule 6.15(2) substituted (2.5.2000) by The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 4(b)

Commencement Information

I15 Rule 6.15 in force at 26.4.1999, see Signature

Service of claim form on agent of principal who is overseas E+W

6.16—(1) Where—

(a) the defendant is overseas; and

(b) the conditions specified in paragraph (2) are satisfied,

the court may, on an application only, permit a claim form relating to a contract to be served on a defendant’s agent.

(2) The court may not make an order under this rule unless it is satisfied that—

(a) the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and

(b) at the time of the application either the agent’s authority has not been terminated or he is still in business relations with his principal.

(3) An application under this rule—

(a) must be supported by evidence; and

(b) may be made without notice.

(4) An order under this rule must state a period within which the defendant must respond to the particulars of claim.

(Rule 9.2 sets out how a defendant may respond to particulars of claim)

(5) The power conferred by this rule is additional to the power conferred by rule 6.8 (service by an alternative method).

(6) Where the court makes an order under this rule, the claimant must send to the defendant copies of—

(a) the order; and

(b) the claim form.

Commencement Information

I16 Rule 6.16 in force at 26.4.1999, see Signature

[F11 III SPECIAL PROVISIONS ABOUT SERVICE OUT OF THE JURISDICTION E+W

Textual Amendments

F11 Pt. 6 Section 3 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(5), Sch. 1 Pt. 2

Scope of this Section E+W

6.17   This Section contains rules about—

(a) service out of the jurisdiction;

(b) how to obtain the permission of the court to serve out of the jurisdiction; and

(c) the procedure for serving out of the jurisdiction.

(Rule 2.3 defines “jurisdiction”)

Definitions E+W

6.18   For the purposes of this Part—

(a) “the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(2);

(b) “the Hague Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965;

(c) “Contracting State” has the meaning given by section 1(3) of the 1982 Act;

(d) “Convention territory” means the territory or territories of any Contracting State to which the Brussels or Lugano Conventions (as defined in section 1(1) of the 1982 Act) apply;

(e) “Civil Procedure Convention” means the Brussels and Lugano Conventions and any other Convention entered into by the United Kingdom regarding service outside the jurisdiction;

[F12 (ea) “the Service Regulation” means Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;]

(f) “United Kingdom Overseas Territory” means those territories as set out in the relevant practice direction.

(g) “domicile” is to be determined in accordance with sections 41 to 46 of the 1982 Act;

(h) “claim form” includes peitition and application notice; and

(i) “claim” includes petition and application.

(Rule 6.30 provides that where an application notice is to be served out of the jurisdiction under this Part, rules 6.21(4), 6.22 and 6.23 do not apply)

Textual Amendments

F12 Rule 6.18(ea) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 3

Service out of the jurisdiction where the permission of the court is not required E+W

6.19— (1) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the 1982 Act and—

(a) no proceedings between the parties concerning the same claim are pending in the courts of any part of the United Kingdom or any other Convention territory; and

(b) (i) the defendant is domiciled in the United Kingdom or in any Convention territory;

(ii) Article 16 of Schedule 1, 3C or 4 to the 1982 Act refers to the proceedings; or

(iii) the defendant is a party to an agreement conferring jurisidiction to which Article 17 of Schedule 1, 3C or 4 to the 1982 Act refers.

(2) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which, under any other enactment, the court has power to determine, although—

(a) the person against whom the claim is made is not within the jurisdiction; or

(b) the facts giving rise to the claim did not occur within the jurisdiction.

(3) Where a claim form is to be served out of the jurisdiction under this rule, it must contain a statement of the grounds on which the claimant is entitled to serve it out of the jurisdiction.

Service out of the jurisdiction where the permission of the court is required E+W

6.20   In any proceedings to which rule 6.19 does not apply, a claim form may be served out of the jurisdiction with the permission of the court if—

(1) a claim is made for a remedy against a person domiciled within the jurisdiction;

General grounds

(2) a claim is made for an injunction^(gl) ordering the defendant to do or refrain from doing an act within the jurisdiction;

(3) a claim is made against someone on whom the claim form has been or will be served and—

(a) there is between the claimant and that person a real issue which it is reasonable for the court to try; and

(b) the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim;

[F13 (3A) a claim is a Part 20 claim and the person to be served is a necessary or proper party to the claim against the Part 20 claimant;]

Claims for interim remedies

(4) a claim is made for an interim remedy under section 25(1) of the 1982 Act;

Claims in relation to contracts

(5) a claim is made in respect of a contract where the contract—

(a) was made within the jurisdiction;

(b) was made by or through an agent trading or residing within the jurisdiction;

(c) is governed by English law; or

(d) contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract;

(6) a claim is made in respect of a breach of contract committed within the jurisdiction;

(7) a claim is made for a declaration that no contract exists where, if the contract was found to exist, it would comply with the conditions set out in paragraph (5);

Claims in tort

(8) a claim is made in tort where—

(a) damage was sustained within the jurisdiction; or

(b) the damage sustained resulted from an act committed within the jurisdiction;

Enforcement

(9) a claim is made to enforce any judgment or arbitral award;

Claims about property within the jurisdiction

(10) the whole subject matter of a claim relates to property located within the jurisdiction;

Claims about trusts etc.

(11) a claim is made for any remedy which might be obtained in proceedings to execute the trusts of a written instrument where—

(a) the trusts ought to be executed according to English law; and

(b) the person on whom the claim form is to be served is a trustee of the trusts;

(12) a claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction;

(13) a claim is made in probate proceedings which includes a claim for the rectification of a will;

(14) a claim is made for a remedy against the defendant as constructive trustee where the defendant’s alleged liability arises out of acts committed within the jurisdiction;

(15) a claim is made for restitution where the defendant’s alleged liability arises out of acts committed within the jurisdiction;

(Probate proceedings are defined in the Contentious Probate Proceedings practice direction supplementing Part 49)

Claims by the Inland Revenue

(16) a claim is made by the Commissioners of the Inland Revenue relating to duties or taxes against a defendant not domiciled in Scotland or Northern Ireland;

Claim for costs order in favour of or against third parties

(17) a claim is made by a party to proceedings for an order that the court exercise its power under section 51 of the Supreme Court Act 1981 to make a costs order in favour of or against a person who is not a party to those proceedings;

(Rule 48.2 sets out the procedure where the court is considering whether to exercise its discretion to make a costs order in favour of or against a non-party)

Claims under various enactments

(18) a claim [F14 is] made under an enactment specified in the relevant practice direction.

Textual Amendments

F13 Rule 6.20(3A) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 3 (with rule 39)

F14 Word in rule 6.20(18) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 4

Application for permission to serve claim form out of jurisdiction E+W

6.21— (1) An application for permission under rule 6.20 must be supported by written evidence stating—

(a) the grounds on which the application is made and the paragraph or paragraphs of rule 6.20 relied on;

(b) that the claimant believes that his claim has a reasonable prospect of success; and

(c) the defendant’s address or, if not known, in what place or country the defendant is, or is likely, to be found.

(2) Where the application is made in respect of a claim referred to in rule 6.20(3), the written evidence must also state the grounds on which the witness believes that there is between the claimant and the person on whom the claim form has been, or will be served, a real issue which it is reasonable for the court to try.

[F15 (2A) The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.]

(3) Where—

(a) the application is for permission to serve a claim form in Scotland or Northern Ireland; and

(b) it appears to the court that the claimant may also be entitled to a remedy there, the court, in deciding whether to give permission, shall—

(i) compare the cost and convenience of proceeding there or in the jurisdiction; and

(ii) (where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the county courts or courts of summary jurisdiction in Northern Ireland.

(4) An order giving permission to serve a claim form out of the jurisdiction must specify the periods within which the defendant may—

(a) file an acknowledgment of service;

(b) file or serve an admission; and

(c) file a defence.

(Part 11 sets out the procedure by which a defendant may dispute the court’s jurisdiction)

Textual Amendments

F15 Rule 6.21(2A) inserted (2.5.2000) by The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 5

Period for acknowledging service or admitting the claim where the claim form is served out of the jurisdiction under rule 6.19 E+W

6.22— (1) This rule sets out the period for filing an acknowledgment of service or filing or serving an admission where a claim form has been served out of the jurisdiction under rule 6.19.

(Part 10 contains rules about the acknowledgment of service and Part 14 contains rules about admissions)

(2) If the claim form is to be served under rule 6.19(1) in Scotland, Northern Ireland or in the European territory of another Contracting State the period is—

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 21 days after the service of the particulars of claim; and

(b) in any other case, 21 days after service of the claim form.

(3) If the claim form is to be served under rule 6.19(1) in any other territory of a Contracting State the period is—

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 31 days after the service of the particulars of claim; and

(b) in any other case, 31 days after service of the claim form.

(4) If the claim form is to be served under—

(a) rule 6.19(1) in a country not referred to in paragraphs (2) or (3); or

(b) rule 6.19(2),

the period is set out in the relevant practice direction.

Period for filing a defence where the claim form is served out of the jurisdiction under rule 6.19 E+W

6.23— (1) This rule sets out the period for filing a defence where a claim form has been served out of the jurisdiction under rule 6.19.

(Part 15 contains rules about the defence)

(2) If the claim form is to be served under rule 6.19(1) in Scotland, Northern Ireland or in the European territory of another Contracting State the period is—

(a) 21 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(3) If the claim form is to be served under rule 6.19(1) in any other territory of a Contracting State the period is—

(a) 31 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service, 45 days after service of the particulars of claim.

(4) If the claim form is to be served under—

(a) rule 6.19(1) in a country not referred to in paragraphs (2) or (3); or

(b) rule 6.19(2),

the period is set out in the relevant practice direction.

Method of service—general provisions E+W

6.24— (1) Where a claim form is to be served out of the jurisdiction, it may be served by any method—

(a) permitted by the law of the country in which it is to be served;

(b) provided for by—

(i) rule 6.25 (service through foreign governments, judicial authorities and British Consular authorities); F16 ...

[F17 (ii) rule 6.26A (service in accordance with the Service Regulation); or]

[F18 (iii)] rule [F19 rule 6.27] (service on a State); or

(c) permitted by a Civil Procedure Convention.

(2) Nothing in this rule or in any court order shall authorise or require any person to do anything in the country where the claim form is to be served which is against the law of that country.

Textual Amendments

F16 Word in rule 6.24(1)(b)(i) omitted (31.5.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 5(a)

F17 Rule 6.24(1)(b)(ii) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 5(c)

F18 Rule 6.24(1)(b)(ii) renumbered as rule 6.24(b)(iii) (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 5(b)

F19 Words in rule 6.24(1)(b)(ii) substituted (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 4

Service through foreign governments, judicial authorities and British Consular authorities E+W

6.25— (1) Where a claim form is to be served on a defendant in any country which is a party to the Hague Convention, the claim form may be served—

(a) through the authority designated under the Hague Convention in respect of that country; or

(b) if the law of that country permits—

(i) through the judicial authorities of that country, or

(ii) through a British Consular authority in that country.

(2) Where—

(a) paragraph (4) (service in Scotland etc., other than under the Hague Convention) does not apply; and

(b) a claim form is to be served on a defendant in any country which is a party to a Civil Procedure Convention (other than the Hague Convention) providing for service in that country,

the claim form may be served, if the law of that country permits—

(i) through the judicial authorities of that country; or

(ii) through a British Consular authority in that country (subject to any provisions of the applicable convention about the nationality of persons who may be served by such a method).

(3) Where—

(a) paragraph (4) (service in Scotland etc., other than under the Hague Convention) does not apply; and

(b) a claim form is to be served on a defendant in any country with respect to which there is no Civil Procedure Convention providing for service in that country,

the claim form may be served, if the law of that country so permits—

(i) through the government of that country, where that government is willing to serve it; or

(ii) through a British Consular authority in that country.

(4) Except where a claim form is to be served in accordance with paragraph (1) (service under the Hague Convention), the methods of service permitted by this rule are not available where the claim form is to be served in—

(a) Scotland, Northern Ireland, the Isle of Man or the Channel Islands;

(b) any Commonwealth State; [F20 or]

(c) any United Kingdom Overseas Territory[F21 .]

F22 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23 (5) This rule does not apply where service is to be effected in accordance with the Service Regulation.]

Textual Amendments

F20 Word in rule 6.25(4)(b) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 6(a)(i)

F21 Rule 6.25(4)(c): full stop substituted for word (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 6(a)(ii)

F22 Rule 6.25(4)(d) omitted (31.5.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 6(a)(iii)

F23 Rule 6.25(5) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 6(b)

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities E+W

6.26— (1) This rule applies where the claimant wishes to serve the claim form through—

(a) the judicial authorities of the country where the claim form is to be served;

(b) a British Consular authority in that country;

(c) the authority designated under the Hague Convention in respect of that country; or

(d) the government of that country.

(2) Where this rule applies, the claimant must file—

(a) a request for service of the claim form by the method in paragraph (1) that he has chosen;

(b) a copy of the claim form;

(c) any translation required under rule 6.28; and

(d) any other documents, copies of documents or translations required by the relevant practice direction.

(3) When the claimant files the documents specified in paragraph (2), the court officer will—

(a) seal ^(gl) the copy of the claim form; and

(b) forward the documents to the Senior Master.

(4) The Senior Master will send documents forwarded under this rule—

(a) where the claim form is being served through the authority designated under the Hague Convention, to that authority; or

(b) in any other case, to the Foreign and Commonwealth Office with a request that it arranges for the claim to be served by the method indicated in the request for service filed under paragraph (2) or, where that request indicates alternative methods, by the most convenient method.

(5) An official certificate which—

(a) states that the claim form has been served in accordance with this rule either personally, or in accordance with the law of the country in which service was effected;

(b) specifies the date on which the claim form was served; and

(c) is made by—

(i) a British Consular authority in the country where the claim form was served;

(ii) the government or judicial authorities in that country; or

(iii) any other authority designated in respect of that country under the Hague Convention,

shall be evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) shall be treated as such a certificate, unless it is proved not to be.

[F24 (7) This rule does not apply where service is to be effected in accordance with the Service Regulation.]

Textual Amendments

F24 Rule 6.26(7) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 7

[F25 Service in accordance with the Service Regulation E+W

6.26A— (1) This rule applies where a claim form is to be served in accordance with the Service Regulation.

(2) The claimant must file the claim form and any translations or other documents required by the Service Regulation.

(3) When the claimant files the documents referred to in paragraph (2), the court officer will—

(a) seal^(GL) the copy of the claim form; and

(b) forward the documents to the Senior Master.

(4) Rule 6.31 does not apply.

• (The Service Regulation is annexed to the relevant practice direction)]

Textual Amendments

F25 Rule 6.26A inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 8

Service of claim form on State where court permits service out of the jurisdiction E+W

6.27— (1) This rule applies where a claimant wishes to serve the claim form on a State.

(2) The claimant must file in the Central Office of the Royal Courts of Justice—

(a) a request for service to be arranged by the Foreign and Commonwealth Office;

(b) a copy of the claim form; and

(c) any translation required under rule 6.28.

(3) The Senior Master will send documents filed under this rule to the Foreign and Commonwealth Office with a request that it arranges for the claim form to be served.

(4) An official certificate by the Foreign and Commonwealth Office stating that a claim form has been duly served on a specified date in accordance with a request made under this rule shall be evidence of that fact.

(5) A document purporting to be such a certificate shall be treated as such a certificate, unless it is proved not to be.

(6) Where—

(a) section 12(6) of the State Immunity Act 1978 applies; and

(b) the State has agreed to a method of service other than through the Foreign and Commonwealth Office,

the claim may be served either by the method agreed or in accordance with this rule.

(Section 12(6) of the State Immunity Act 1978 provides that section 12(1) of that Act, which prescribes a method for serving documents on a State, does not prevent the service of a claim form or other document in a manner to which the State has agreed)

(7) In this rule “State” has the meaning given by section 14 of the State Immunity Act 1978.

Translation of claim form E+W

6.28— (1) Except where paragraph (4) or (5) applies, every copy of the claim form filed under rule 6.26 (service through judicial authorities, foreign governments etc.) or 6.27 (service on State) must be accompanied by a translation of the claim form.

(2) The translation must be—

(a) in the official language of the country in which it is to be served; or

(b) if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the claim form is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include—

(a) the name of the person making the translation;

(b) his address; and

(c) his qualifications for making a translation.

(4) The claimant is not required to file a translation of a claim form filed under rule 6.26 (service through judicial authorities, foreign governments etc.) where the claim form is to be served—

(a) in a country of which English is an official language; or

(b) on a British subject,

unless a Civil Procedure Convention expressly requires a translation.

(5) The claimant is not required to file a translation of a claim form filed under rule 6.27 (service on State) where English is an official language of the State where the claim form is to be served.

Undertaking to be responsible for expenses of the Foreign and Commonwealth Office E+W

6.29   Every request for service filed under rule 6.26 (service through judicial authorities, foreign governments etc.) or rule 6.27 (service on State) must contain an undertaking by the person making the request—

(a) to be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority; and

(b) to pay those expenses to the Foreign and Commonwealth Office or foreign judicial authority on being informed of the amount.

Service of documents other than the claim form E+W

6.30— (1) Where an application notice is to be served out of the jurisdiction under this Section of this Part—

(a) rules 6.21(4), 6.22 and 6.23 do not apply; and

(b) where the person on whom the application notice has been served is not a party to proceedings in the jurisdiction in which the application is made, that person may make an application to the court under rule 11(1) as if he were a defendant and rule 11(2) does not apply.

(Rule 6.21(4) provides that an order giving permission to serve a claim form out of the jurisdiction must specify the periods within which the defendant may (a) file an acknowledgment of service, (b) file or serve an admission, and (c) file a defence)

(Rule 6.22 provides rules for the period for acknowledging service or admitting the claim where the claim form is served out of the jurisdiction under rule 6.19)

(Rule 6.23 provides rules for the period for filing a defence where the claim form is served out of the jurisdiction under rule 6.19)

(The practice direction supplementing this Section of this Part provides that where an application notice is to be served out of the jurisdiction in accordance with this Section of this Part, the court must have regard to the country in which the application notice is to be served in setting the date for the hearing of the application and giving any direction about service of the respondent’s evidence)

(Rule 11(1) provides that a defendant may make an application to the court to dispute the court’s jurisdiction to try the claim or argue that the court should not exercise its jurisdiction. Rule 11(2) provides that a defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10)

(2) Unless paragraph (3) applies, where the permission of the court is required for a claim form to be served out of the jurisdiction the permission of the court must also be obtained for service out of the jurisdiction of any other document to be served in the proceedings.

(3) Where—

(a) the court gives permission for a claim form to be served out of the jurisdiction; and

(b) the claim form states that particulars of claim are to follow, the permission of the court is not required to serve the particulars of claim out of the jurisdiction.

Proof of service E+W

6.31   Where—

(a) a hearing is fixed when the claim is issued;

(b) the claim form is served on a defendant out of the jurisdiction; and

(c) that defendant does not appear at the hearing,

the claimant may take no further steps against that defendant until the claimant files written evidence showing that the claim form has been duly served.]

(1)

1985 c. 6.

(2)

1983 c. 20.