C1C2C4C3C5C6C7C9C8C10F1PART 6SERVICE OF DOCUMENTS
Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)
Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122
Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263
Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262
Pt. 6 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 234-238 (with rule 5)
Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 168 (with rules 3, 208)
Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 171 (with rules 3, 208)
Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 172 (with rules 3, 210)
Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 170(1) (with rules 3, 210)
Pt. 6 applied (with modifications) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1 (with rule 3(3), Sch. 2)
II SERVICE OF THE CLAIM FORM IN THE JURISDICTION F2OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
Words in Pt. 6 Section 2 heading inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(c)
Service of the claim form on children and protected parties6.13
1
Where the defendant is a child who is not also a protected party, the claim form must be served on—
a
one of the child’s parents or guardians; or
b
if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
2
Where the defendant is a protected party, the claim form must be served on—
a
one of the following persons with authority in relation to the protected party as—
i
the attorney under a registered enduring power of attorney;
ii
the donee of a lasting power of attorney; or
iii
the deputy appointed by the Court of Protection; or
b
if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.
3
Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).
4
The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).
5
An application for an order under paragraph (4) may be made without notice.
6
The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.
7
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 and “child” and “protected party” have the same meaning as in rule 21.1.)
Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1