Serving documents — overviewServing the claim form within the jurisdiction - when and who

The claim form must be served before midnight on the calendar day 4 months after issue. The claim can be served either by the court or by the claimant. It can be served on the defendant, however, there are circumstances when it must be served on his legal representative.

Changes to the CPR introduced with effect from 6 April 2011 will also permit service of the claim form on a 'European Lawyer' in an EEA (European Economic Area) state as the defendant's nominated address for service. This can have repercussions as to issues of service out of the jurisdiction.

Serving the claim form within the jurisdiction - how and what to serve

The claim form can be served:

• personally

• by 1st class post or DX

• leaving it at the defendant's usual or last known residence

• fax or email

• an alternative method authorised by the court

Certain forms relating to defending the claim or acknowledging service and certain other prescribed situations require to be served with the claim form if the particulars of claim are also being served with it.

Serving the claim form within the jurisdiction - other

The claim form is deemed served on the second business day after dispatch. A certificate of service must be filed within 21 days of service of the particulars of claim. There are occasions when the court will agree to dispense with service of a claim form, however, the circumstances for so doing must be exceptional.

Serving the claim form under a contract, on an agent, on the Crown and under the Companies Act

A party can serve a claim form by a contractually agreed method though the court’s permission may still be required if the defendant is outside the jurisdiction. There are specific rules for service on an agent, and how to obtain the court’s permission to effect service in this way. The Companies Act 2006 contains rules for service under that act which are alternatives to the service rules in the Civil Procedure Rules. The Civil Procedure Rules also set out how to effect service on the Attorney General and government departments.

Extending time for service of the claim form

Where a claim form is not served within the 4 or 6 month prescribed period, the court can order that the time for service be extended. The court will only grant an order if:

• the court has failed to serve the claim form, or

• the claimant has taken all reasonable steps to serve the claim form but has been unable to do so, and

• in either case, the claimant has acted promptly in making the application

Serving documents other than the claim form

Generally, the court serves documents that it has issued or prepared. The Civil Procedure Rules set out the procedure by which documents are served and covers issues such as the address for service and how documents are to be served. Methods of service include, for example, personal service and service by email. The rules also advise whether a certificate of service is required and whether service maybe dispensed with; for example, where the court has ordered that there is no need to serve a document. When a document is deemed served depends on the method of service.

Service at an alternative place or by an alternative method

The court can authorise service of the claim form at an alternative place or by an alternative method where there is a good reason to do so. The evidence required in support varies, depending on whether the application is made before or after attempts at service are made.

Serving outside the jurisdiction with court permission — permission

CPR 6 provides that, in certain circumstances, the court's permission is required to serve out of the jurisdiction. The rules set out those circumstances when permission will be granted; that is when England and Wales will be considered to be the proper place to bring the claim. It is important to be aware of the guidance that has been provided by the courts as to the burden of proof which needs to be produced to enable the court to exercise its discretion to grant permission.

Serving outside the jurisdiction with court permission — grounds

CPR 6 sets out the rules for such service but it is important to remember that practice direction 6B sets out the grounds on which such an application should be sought. These comprise of general grounds together with specific grounds depending on the type of dispute between the parties. These are often known as jurisdictional gateways. For example, if dealing with a tortious dispute you will need to show that the damage caused by the tortious act occurred in England or that the act which caused the damage was committed in England. There are 10 such jurisdictional gateways and they cover a wide range of disputes such as contractual, property or costs orders in favour of third parties,

Serving outside the jurisdiction with court permission — application and order

CPR 6 sets out the procedure and forms to use when making an application for permission together with the type of evidence required. When making an application for such service you will need to ensure that you provide the correct information in the application notice together with the witness statement and the order. The court order giving permission needs to set out when the defendant should file the acknowledgment of service, admission and/or defence.

You also need to consider whether there are other documents which need to be served alongside the claim form. These should be addressed in the application and the court is then likely to give directions about the method of service and permission for serving those other documents out of the jurisdiction.

Serving outside the jurisdiction without court permission

The court's permission is not required where the court has the power to hear the claim under:

• the Civil Jurisdiction and Judgments Act 1982 (subject to conditions)

• the 'Judgments Regulation'

• any other enactment

If permission is not required, the claimant must file a prescribed notice (Form N 150). The statement varies depending on the basis on which permission is not required. If the notice is not filed with the claim form, the claim form can only be served once the claimant files the notice or if the court gives permission.

How to serve outside the jurisdiction

The applicable provisions for service out of the jurisdiction will depend upon where you are seeking to serve. For example, service may be required to be done through a foreign government or in accordance with the Hague Convention. The Service Regulation is of particular importance when serving in an EU country; a new regulation came into force on 13 November 2008.