The Civil Procedure Rules 1998

II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM

General rules about service subject to special rules about service of claim form

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

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

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)

Certificate of service relating to the claim form

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)

Service of the claim form by contractually agreed method

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 r.1(1); or

(b) it may be served without permission under RSC Order 11 r.1(2).

Service of claim form on agent of principal who is overseas

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.