Partner Article

Court proceedings: Service of a claim form

On Wednesday 1st October 2008, changes to the rules governing service of documents under Part 6 of the Civil Procedure Rules (CPR) came into force. These rules are technical, but crucial for anyone contemplating Court proceedings.

The changes follow a consultation by the Ministry of Justice which sought to clarify and improve the existing service provisions. The consultation was welcomed following Collier v Williams [2006] EWCA Civ 20, in which the Court of Appeal heard four appeals, each raising points on CPR Part 6. At the appeals, Dyson LJ commented that CPR Parts 6 and 7.6 “have generated an inordinate amount of jurisprudence” which is what Lord Woolf in his reforms hoped to reduce by creating the CPR.

Address for Service

In establishing the address for service of the claim form, rule 6.7 now clarifies that the claim form must be served at the business address of the defendant’s solicitor if:

a) the Defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the Defendant may be served with the claim form; or

b) a solicitor acting for the Defendant has notified the Claimant in writing that the solicitor is instructed by the Defendant to accept service of the claim form on behalf of the Defendant at a business address within the jurisdiction.Where a party does not have a solicitor and has not provided an address for service, the previous provisions required the Claimant to dispatch the claim form to the usual or last known residence or place of business of the individual or business. This rule remains.

However, rule 6.9(3) now requires a Claimant to take reasonable steps to ascertain the address of the Defendant’s residence or place of business where a Claimant has reason to believe that the address of the Defendant is an address at which the Defendant no longer resides or carries on business. There is no definition of the term “reasonable steps” and time will tell as to whether this term will lead to further satellite litigation.

Deadline for Service

One of the fundamental changes to the service provisions can be found at rule 7.5(1). Under the old rules the claim form had to be “served” on the Defendant no later than four months after the date of issue. The new rule 7.5(1) simply requires that the Claimant must dispatch the claim form by one of the specified methods, no later than 12.00 midnight on the calendar day four months after the date of issue.

The Claimant therefore no longer has to ensure that “service” of the claim form (either deemed or actual) is effected upon the Defendant within the maximum four month period.In addition, rule 6.14 contains a new provision that service is deemed to occur on the second business day after the claim form is dispatched, regardless of which method of service is used under rule 7.5(1).

Rule 6.17(2)(a) requires a Claimant to file a certificate of service within 21 days of service of the particulars of claim, unless all Defendants have filed acknowledgments of service within that time. Only if this requirement is carried out can the Claimant obtain default judgment.

If you have any comments or questions about this article or any litigation matters, please contact Louise Robinson of Watson Burton LLP at louise.robinson@watsonburton.com

This was posted in Bdaily's Members' News section by Ruth Mitchell .