6.4
|
(1)
|
A document to be served may be served personally,
except as provided in paragraph (2).
|
|
(2)
|
Where a solicitor -- is authorised to accept service on behalf of a
party; and
- has notified the party serving the document in
writing that he is so authorised,
a document must be served on the solicitor, unless
personal service is required by an enactment, rule, practice direction or court
order.
|
|
(3)
|
A document is served personally on an individual by
leaving it with that individual.
|
|
(4)
|
A document is served personally on a company or other
corporation by leaving it with a person holding a senior position within the
company or corporation.
|
|
(The service practice direction sets out the meaning of
senior position)
|
|
(5)
|
A document is served personally on a partnership
where partners are being sued in the name of their firm by leaving it with
-- a partner; or
- a person who, at the time of service, has the
control or management of the partnership business at its principal place of
business.
|
6.5
|
(1)
|
Except as provided by Section III of this Part
(service out of the jurisdiction) a document must be served within the
jurisdiction.
|
|
(Jurisdiction is defined in rule
2.3)
|
|
(2)
|
A party must give an address for service within the
jurisdiction.
|
|
(3)
|
Where a party -- does not give the business address of his
solicitor as his address for service; and
- resides or carries on business within the
jurisdiction,
he must give his residence or place of business as
his address for service.
|
|
(4)
|
Any document to be served -- by first class post;
- by leaving it at the place of service;
- through a document exchange; or
- by fax or by other means of electronic
communication,
must be sent or transmitted to, or left at, the
address for service given by the party to be served.
|
|
(5)
|
Where -- a solicitor is acting for the party to be
served; and
- the document to be served is not the claim
form;
the partys address for service is the business
address of his solicitor.
|
|
(Rule 6.13 specifies when the business address of a
defendants solicitor may be the defendants address for service in
relation to the claim form)
|
|
(6)
|
Where -- no solicitor is acting for the party to be
served; and
- the party has not given an address for
service,
the document must be sent or transmitted to, or left
at, the place shown in the following table.
(Rule 6.2(2) sets out the statutory methods of
service on a company) |
NATURE OF PARTY TO BE SERVED |
PLACE OF SERVICE |
Individual |
- Usual or last known residence.
|
Proprietor of a business |
- Usual or last known residence;
or
- Place of business or last known place
of business.
|
Individual who is suing or being sued in the name
of a firm |
- Usual or last known residence;
or
- Principal or last known place of
business of the firm.
|
Corporation incorporated in England and Wales
other than a company |
- Principal office of the corporation;
or
- Any place within the jurisdiction where
the corporation carries on its activities and which has a real connection with
the claim.
|
Company registered in England and Wales |
- Principal office of the company;
or
- Any place of business of the company
within the jurisdiction which has a real connection with the claim.
|
Any other company or corporation |
- Any place within the jurisdiction where
the corporation carries on its activities; or
- Any place of business of the company
within the jurisdiction.
|
|
|
(7)
|
This rule does not apply where an order made by the
court under rule 6.8 (service by an alternative method) specifies where the
document in question may be served.
|
|
(Rule 42.1 provides that if the business address of his
solicitor is given that solicitor will be treated as acting for that
party).
|
6.6
|
(1)
|
The following table shows the person on whom a
document must be served if it is a document which would otherwise be served on
a child or a patient - |
TYPE OF DOCUMENT |
NATURE OF PARTY |
PERSON TO BE SERVED |
Claim form |
Child who is not also a patient |
- One of the childs parents or
guardians; or
- If there is no parent or guardian, the
person with whom the child resides or in whose care the child is.
|
Claim form |
Patient |
- The person authorised under Part VII of
the Mental Health Act 1983
(9)
to conduct
the proceedings in the name of the patient or on his behalf; or
- If there is no person so authorised,
the person with whom the patient resides or in whose care the patient
is.
|
Application for an order appointing a litigation
friend, where a child or patient has no litigation friend |
Child or patient |
See rule 21.8. |
Any other document |
Child or patient |
The litigation friend who is conducting
proceedings on behalf of the child or patient. |
|
|
(2)
|
The court may make an order permitting a document to
be served on the child or patient, or on some person other than the person
specified in the table in this rule.
|
|
(3)
|
An application for an order under paragraph (2) may
be made without notice.
|
|
(4)
|
The court may order that, although a document has
been served on someone other than the person specified in the table, the
document is to be treated as if it had been properly served.
|
|
(5)
|
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)
|
6.7
|
(1)
|
A document which is served in accordance with these
rules or any relevant practice direction shall be deemed to be served on the
day shown in the following table -
(Rule 2.8 excludes a Saturday, Sunday, a Bank
Holiday, Christmas Day or Good Friday from calculations of periods of 5 days or
less) |
METHOD OF SERVICE |
DEEMED DAY OF SERVICE |
First class post |
The second dayafter it was posted. |
Document exchange |
The second day after it was left at the document
exchange. |
Delivering the document to or leaving it at a
permitted address |
The day after it was delivered to or left at the
permitted address. |
Fax |
- If it is transmitted on a business day
before 4p.m., on that day; or
- In any other case, on the business day
after the day on which it is transmitted.
|
Other electronic method |
The second day after the day on which it is
transmitted. |
|
|
(2)
|
If a document is served personally -- After 5 p.m., on a business day; or
- At any time on a Saturday, Sunday or a Bank
Holiday,
It will be treated as being served on the next
business day.
|
|
(3)
|
In this rule -
business day means any day except
Saturday, Sunday or a bank holiday;
and
bank holiday includes Christmas Day and
Good Friday.
|
6.16
|
(1)
|
Where -- the defendant is overseas; and
- 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 defendants agent.
|
|
(2)
|
The court may not make an order under this rule
unless it is satisfied that -- the contract to which the claim relates was
entered into within the jurisdiction with or through the defendants
agent; and
- at the time of the application either the
agents authority has not been terminated or he is still in business
relations with his principal.
|
|
(3)
|
An application under this rule -- must be supported by evidence; and
- 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 -- the order; and
- the claim form.
|
|
(Other rules about service can be found -- in Schedule 1, in the following RSC - O.10
(certain actions for the possession of land); O.30 (receivers); O.52
(application for committal order); O.54 (writ of habeas corpus); O.69 (foreign
process); O.77 (service on the Crown); O.97 (Landlord and Tenant Acts); O.106
(Solicitors Act 1974); O.113 (summary proceedings for possession of
land);
- in Schedule 2, in the following CCR - O.3
(appeal to the county court); O.7 (recovery of land and mortgage possession
claims); O.24 (summary proceedings for recovery of land and interim possession
orders); O.33 (interpleader); O.42 (service on the Crown); O.43 (Landlord and
Tenant Acts); O.45 (application for detailed assessment of returning
officers account); O.47 (application for direction for use of blood
tests); O.48B (order for enforcement of parking penalties); O.49 (notice to
repair under Chancel Repairs Act 1932; applications under various statutes);
and
- in relation to certain enforcement proceedings, in
the provisions in the Schedules dealing with those proceedings.
|
6.20
|
In any proceedings to which rule 6.19 does not apply, a
claim form may be served out of the jurisdiction with the permission of the
court if -
|
|
General Grounds
|
|
(1)
|
a claim is made for a remedy against a person
domiciled within the jurisdiction.
|
|
(2)
|
a claim is made for an injunction
ordering(GL) the defendant to do or refrain from doing an
act within the jurisdiction.
|
|
(3)
|
a claim is made against someone on whom the claim
form has been or will be served and -- there is between the claimant and that person a
real issue which it is reasonable for the court to try; and
- the claimant wishes to serve the claim form on
another person who is a necessary or proper party to that claim.
|
|
(3A)
|
a claim is a Part 20 claim and the person to be
served is a necessary or proper party to the claim against the Part 20
claimant.
|
|
Claims for interim remedies
|
|
(4)
|
a claim is made for an interim remedy under section
25(1) of the 1982 Act
(12)
.
|
|
Claims in relation to contracts
|
|
(5)
|
a claim is made in respect of a contract where the
contract -- was made within the jurisdiction;
- was made by or through an agent trading or
residing within the jurisdiction;
- is governed by English law; or
- contains a term to the effect that the court
shall have jurisdiction to determine any claim in respect of the
contract.
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|
(6)
|
a claim is made in respect of a breach of contract
committed within the jurisdiction.
|
|
(7)
|
a claim is made for a declaration that no contract
exists where, if the contract was found to exist, it would comply with the
conditions set out in paragraph (5).
|
|
Claims in tort
|
|
(8)
|
a claim is made in tort where -- damage was sustained within the jurisdiction;
or
- the damage sustained resulted from an act
committed within the jurisdiction.
|
|
Enforcement
|
|
(9)
|
a claim is made to enforce any judgment or arbitral
award.
|
|
Claims about property within the jurisdiction
|
|
(10)
|
the whole subject matter of a claim relates to
property located within the jurisdiction.
|
|
Claims about trusts etc.
|
|
(11)
|
a claim is made for any remedy which might be
obtained in proceedings to execute the trusts of a written instrument where
-- the trusts ought to be executed according to
English law; and
- the person on whom the claim form is to be
served is a trustee of the trusts.
|
|
(12)
|
a claim is made for any remedy which might be
obtained in proceedings for the administration of the estate of a person who
died domiciled within the jurisdiction.
|
|
(13)
|
a claim is made in probate proceedings which includes
a claim for the rectification of a will.
|
|
(14)
|
a claim is made for a remedy against the defendant as
constructive trustee where the defendants alleged liability arises out
of acts committed within the jurisdiction.
|
|
(15)
|
a claim is made for restitution where the
defendants alleged liability arises out of acts committed within the
jurisdiction.
|
|
(Probate proceedings are defined in the Contentious
Probate Proceedings practice direction supplementing Part 49)
|
|
Claims by the Inland Revenue
|
|
(16)
|
a claim is made by the Commissioners of the Inland
Revenue relating to duties or taxes against a defendant not domiciled in
Scotland or Northern Ireland.
|
|
Claim for costs order in favour of or against third
parties
|
|
(17)
|
a claim is made by a party to proceedings for an
order that the court exercise its power under section 51 of the Supreme Court
Act 1981
(13)
to make a costs order in
favour of or against a person who is not a party to those proceedings.
|
|
(Rule 48.2 sets out the procedure where the court is
considering whether to exercise its discretion to make a costs order in favour
of or against a non-party)
|
|
Claims under various enactments
|
|
(18)
|
a claim made under an enactment specified in the
relevant practice direction.
|
6.21
|
(1)
|
An application for permission under rule 6.20 must be
supported by written evidence stating -- the grounds on which the application is made
and the paragraph or paragraphs of rule 6.20 relied on;
- that the claimant believes that his claim has a
reasonable prospect of success; and
- the defendants address or, if not known,
in what place or country the defendant is, or is likely, to be found.
|
|
(2)
|
Where the application is made in respect of a claim
referred to in rule 6.20(3), the written evidence must also state the grounds
on which the witness believes that there is between the claimant and the person
on whom the claim form has been, or will be served, a real issue which it is
reasonable for the court to try.
|
|
(2A)
|
The court will not give permission unless satisfied
that England and Wales is the proper place in which to bring the claim.
|
|
(3)
|
Where -- the application is for permission to serve a
claim form in Scotland or Northern Ireland; and
- it appears to the court that the claimant may
also be entitled to a remedy there, the court, in deciding whether to give
permission, shall -
- compare the cost and convenience of
proceeding there or in the jurisdiction; and
- (where relevant) have regard to the
powers and jurisdiction of the Sheriff court in Scotland or the county courts
or courts of summary jurisdiction in Northern Ireland.
|
|
(4)
|
An order giving permission to serve a claim form out
of the jurisdiction must specify the periods within which the defendant may
-- file an acknowledgment of service;
- file or serve an admission; and
- file a defence.
|
|
(Part 11 sets out the procedure by which a defendant
may dispute the courts jurisdiction)
|
6.22
|
(1)
|
This rule sets out the period for filing an
acknowledgment of service or filing or serving an admission where a claim form
has been served out of the jurisdiction under rule 6.19.
|
|
(Part 10 contains rules about the acknowledgment of
service and Part 14 contains rules about admissions)
|
|
(2)
|
If the claim form is to be served under rule 6.19(1)
in Scotland, Northern Ireland or in the European territory of another
Contracting State the period is -- where the defendant is served with a claim form
which states that particulars of claim are to follow, 21 days after the service
of the particulars of claim; and
- in any other case, 21 days after service of the
claim form.
|
|
(3)
|
If the claim form is to be served under rule 6.19(1)
in any other territory of a Contracting State the period is -- where the defendant is served with a claim form
which states that particulars of claim are to follow, 31 days after the service
of the particulars of claim; and
- in any other case, 31 days after service of the
claim form.
|
|
(4)
|
If the claim form is to be served under
-- rule 6.19(1) in a country not referred to in
paragraphs (2) or (3); or
- rule 6.19(2),
the period is set out in the relevant practice
direction.
|
6.23
|
(1)
|
This rule sets out the period for filing a defence
where a claim form has been served out of the jurisdiction under rule
6.19.
|
|
(Part 15 contains rules about the defence)
|
|
(1)
|
If the claim form is to be served under rule 6.19(1)
in Scotland, Northern Ireland or in the European territory of another
Contracting State the period is -- 21 days after service of the particulars of
claim; or
- if the defendant files an acknowledgment of
service, 35 days after service of the particulars of claim.
|
|
(3)
|
If the claim form is to be served under rule 6.19(1)
in any other territory of a Contracting State the period is -- 31 days after service of the particulars of
claim; or
- if the defendant files an acknowledgment of
service, 45 days after service of the particulars of claim.
|
|
(4)
|
If the claim form is to be served under
-- rule 6.19(1) in a country not referred to in
paragraphs (2) or (3); or
- rule 6.19(2),
the period is set out in the relevant practice
direction.
|
6.25
|
(1)
|
Where a claim form is to be served on a defendant in
any country which is a party to the Hague Convention, the claim form may be
served -- through the authority designated under the
Hague Convention in respect of that country; or
- if the law of that country permits
-
- through the judicial authorities of that
country, or
- through a British Consular authority in
that country.
|
|
(2)
|
Where -- paragraph (4) (service in Scotland etc., other
than under the Hague Convention) does not apply; and
- a claim form is to be served on a defendant in
any country which is a party to a Civil Procedure Convention (other than the
Hague Convention) providing for service in that country,
the claim form may be served, if the law of that
country permits -- through the judicial authorities of that
country; or
- through a British Consular authority in
that country (subject to any provisions of the applicable convention about the
nationality of persons who may be served by such a method).
|
|
(3)
|
Where -- paragraph (4) (service in Scotland etc., other
than under the Hague Convention) does not apply; and
- a claim form is to be served on a defendant in
any country with respect to which there is no Civil Procedure Convention
providing for service in that country,
the claim form may be served, if the law of that
country so permits -- through the government of that country,
where that government is willing to serve it; or
- through a British Consular authority in
that country.
|
|
(4)
|
Except where a claim form is to be served in
accordance with paragraph (1) (service under the Hague Convention), the methods
of service permitted by this rule are not available where the claim form is to
be served in -- Scotland, Northern Ireland, the Isle of Man or
the Channel Islands;
- any Commonwealth State;
- any United Kingdom Overseas Territory;
or
- the Republic of Ireland.
|
6.26
|
(1)
|
This rule applies where the claimant wishes to serve
the claim form through -- the judicial authorities of the country where
the claim form is to be served;
- a British Consular authority in that
country;
- the authority designated under the Hague
Convention in respect of that country; or
- the government of that country.
|
|
(2)
|
Where this rule applies, the claimant must file
-- a request for service of the claim form by the
method in paragraph (1) that he has chosen;
- a copy of the claim form;
- any translation required under rule 6.28;
and
- any other documents, copies of documents or
translations required by the relevant practice direction.
|
|
(3)
|
When the claimant files the documents specified in
paragraph (2), the court officer will -- seal (GL) the copy of the
claim form; and
- forward the documents to the Senior
Master.
|
|
(4)
|
The Senior Master will send documents forwarded under
this rule -- where the claim form is being served through
the authority designated under the Hague Convention, to that authority;
or
- in any other case, to the Foreign and
Commonwealth Office with a request that it arranges for the claim to be served
by the method indicated in the request for service filed under paragraph (2)
or, where that request indicates alternative methods, by the most convenient
method.
|
|
(5)
|
An official certificate which -- states that the claim form has been served in
accordance with this rule either personally, or in accordance with the law of
the country in which service was effected;
- specifies the date on which the claim form was
served; and
- is made by -
- a British Consular authority in the
country where the claim form was served;
- the government or judicial authorities in
that country; or
- any other authority designated in respect
of that country under the Hague Convention,
shall be evidence of the facts stated in the
certificate.
|
|
(6)
|
A document purporting to be an official certificate
under paragraph (5) shall be treated as such a certificate, unless it is proved
not to be.
|
6.27
|
(1)
|
This rule applies where a claimant wishes to serve
the claim form on a State.
|
|
(2)
|
The claimant must file in the Central Office of the
Royal Courts of Justice -- a request for service to be arranged by the
Foreign and Commonwealth Office;
- a copy of the claim form; and
- any translation required under rule
6.28.
|
|
(3)
|
The Senior Master will send documents filed under
this rule to the Foreign and Commonwealth Office with a request that it
arranges for the claim form to be served.
|
|
(4)
|
An official certificate by the Foreign and
Commonwealth Office stating that a claim form has been duly served on a
specified date in accordance with a request made under this rule shall be
evidence of that fact.
|
|
(5)
|
A document purporting to be such a certificate shall
be treated as such a certificate, unless it is proved not to be.
|
|
(6)
|
Where -- section 12(6) of the State Immunity Act
1978
(14)
applies; and
- the State has agreed to a method of service
other than through the Foreign and Commonwealth Office,
the claim may be served either by the method agreed
or in accordance with this rule.
|
|
(Section 12(6) of the State Immunity Act 1978 provides
that section 12(1) of that Act, which prescribes a method for serving documents
on a State, does not prevent the service of a claim form or other document in a
manner to which the State has agreed)
|
|
(7)
|
In this rule State has the meaning
given by section 14 of the State Immunity Act 1978.
|
6.28
|
(1)
|
Except where paragraph (4) or (5) applies, every copy
of the claim form filed under rule 6.26 (service through judicial authorities,
foreign governments etc.) or 6.27(service on State) must be accompanied by a
translation of the claim form.
|
|
(2)
|
The translation must be -- in the official language of the country in
which it is to be served; or
- if there is more than one official language of
that country, in any official language which is appropriate to the place in the
country where the claim form is to be served.
|
|
(3)
|
Every translation filed under this rule must be
accompanied by a statement by the person making it that it is a correct
translation, and the statement must include -- the name of the person making the
translation;
- his address; and
- his qualifications for making a
translation.
|
|
(4)
|
The claimant is not required to file a translation of
a claim form filed under rule 6.26 (service through judicial authorities,
foreign governments etc.) where the claim form is to be served-- in a country of which English is an official
language; or
- on a British subject,
unless a Civil Procedure Convention expressly
requires a translation.
|
|
(5)
|
The claimant is not required to file a translation of
a claim form filed under rule 6.27 (service on State) where English is an
official language of the State where the claim form is to be served.
|
6.30
|
(1)
|
Where an application notice is to be served out of
the jurisdiction under this Section of this Part -- rules 6.21(4), 6.22 and 6.23 do not apply;
and
- where the person on whom the application notice
has been served is not a party to proceedings in the jurisdiction in which the
application is made, that person may make an application to the court under
rule 11(1) as if he were a defendant and rule 11(2) does not apply.
|
|
(Rule 6.21(4) provides that an order giving permission
to serve a claim form out of the jurisdiction must specify the periods within
which the defendant may (a) file an acknowledgment of service, (b) file or
serve an admission, and (c) file a defence.
|
|
(Rule 6.22 provides rules for the period for
acknowledging service or admitting the claim where the claim form is served out
of the jurisdiction under rule 6.19)
|
|
(Rule 6.23 provides rules for the period for filing a
defence where the claim form is served out of the jurisdiction under rule
6.19)
|
|
(The practice direction supplementing this Section of
this Part provides that where an application notice is to be served out of the
jurisdiction in accordance with this Section of this Part, the court must have
regard to the country in which the application notice is to be served in
setting the date for the hearing of the application and giving any direction
about service of the respondents evidence)
|
|
(Rule 11(1) provides that a defendant may make an
application to the court to dispute the courts jurisdiction to try the
claim or argue that the court should not exercise its jurisdiction. Rule 11(2)
provides that a defendant who wishes to make such an application must first
file an acknowledgment of service in accordance with Part 10)
|
|
(2)
|
Unless paragraph (3) applies, where the permission of
the court is required for a claim form to be served out of the jurisdiction the
permission of the court must also be obtained for service out of the
jurisdiction of any other document to be served in the proceedings.
|
|
(3)
|
Where -- the court gives permission for a claim form to
be served out of the jurisdiction; and
- the claim form states that particulars of claim
are to follow,
the permission of the court is not required to serve
the particulars of claim out of the jurisdiction.
|