Amendments to the Civil Procedure Rules 1998
6. In Part 7—
(a)in rule 7.2, after the fourth parenthesis below paragraph (2) insert—
“(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)”;
(b)in rule 7.4(3)—
(i)for “he” substitute “the claimant”; and
(ii)omit “together with a certificate of service”;
(c)omit the parenthesis “(Rule 6.10 makes provision for a certificate of service).” below rule 7.4(3); and
(d)for rules 7.5 and 7.6 substitute—
“Service of a claim form
7.5.—(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.
| Method of service | Step required |
|---|---|
| First class post, document exchange or other service which provides for delivery on the next business day | Posting, leaving with, delivering to or collection by the relevant service provider |
| Delivery of the document to or leaving it at the relevant place | Delivering to or leaving the document at the relevant place |
| Personal service under rule 6.5 | Completing the relevant step required by rule 6.5(3) |
| Fax | Completing the transmission of the fax |
| Other electronic method | Sending the e-mail or other electronic transmission |
(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.
Extension of time for serving a claim form
7.6.—(1) The claimant may apply for an order extending the period for compliance with rule 7.5.
(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made—
(a)within the period specified by rule 7.5; or
(b)where an order has been made under this rule, within the period for service specified by that order.
(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if—
(a)the court has failed to serve the claim form; or
(b)the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
(c)in either case, the claimant has acted promptly in making the application.
(4) An application for an order extending the time for compliance with rule 7.5—
(a)must be supported by evidence; and
(b)may be made without notice.”.