PART 6 E+WSERVICE 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)

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

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 [F1 rule 6.20]; or

(b) it may be served without permission under RSC Order 11 [F2 rule 6.19].

Textual Amendments

F1 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)

F2 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

I1 Rule 6.15 in force at 26.4.1999, see Signature