| 4.4.1 |
Service of documents is dealt with in Part 6; Section I (Rules 6.1 to
6.11) contains provisions relating to service generally and Section
II (Rules 6.12 to 6.16) contains special provisions relating to
service of the Claim Form. Section III (Rules 6.17 to 6.31) deals
with service out of the jurisdiction. Some of the more important
provisions are described below.
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Within
the jurisdiction
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| 4.4.2 |
The methods by which a document may be served are to be found in Rule
6.2. The court will serve a document that it has issued or prepared
unless;
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| (1) |
the party on whose behalf it is to be served notifies the court that
s/he wishes to serve it himself,
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| (2) |
the court orders otherwise, or
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| (3) |
a Rule or Practice Direction provides otherwise.
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It
is anticipated that practitioners familiar with Central Office
procedures will wish to continue to serve their own documents.
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| 4.4.3 |
Where a party has entered into a funding agreement the notice of
funding (form N251) must be served on all the other parties. If a
claimant files his/her notice of funding when his/her Claim Form is
issued, the Court will serve it on the other parties provided
sufficient copies are provided. Otherwise the claimant must serve the
notice of funding with the Claim Form. A defendant should file
his/her notice of funding with his/her first document, i.e. his/her
defence or acknowledgement of service etc. Sufficient copies of the
notice should be provided for the Court to serve.
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| 4.4.4 |
In all other circumstances a party must serve a notice of funding
within 7 days of entering into the funding agreement.
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| 4.4.5 |
Where the court has tried to serve a document but has been unable to
serve it, the court will send a notice of non-service to the party on
whose behalf it was to be served stating the method attempted. On
receipt of this notice, the party should take steps to serve the
document himself, as the court is under no further duty to effect
service. The method of service used by the court will normally be
first-class post.
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| 4.4.6 |
Where a claimant has served a Claim Form, s/he must file a certificate of service that complies with the provisions of Rule
6.10. The certificate of service must be filed within 7 days of
service of the Claim Form, and the claimant may not obtain judgment
in default if it has not been filed.
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| 4.4.7 |
Information as to how personal service is to be effected and as to
service by electronic means is to be found in the Part 6 Practice
Direction. Rule 6.6 deals with service on a child or patient.
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| 4.4.8 |
A party must give an address for service within the
jurisdiction (i.e. in England or Wales). Rule 6.5 contains
information as to the address for service.
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| 4.4.9 |
A party may make an application for permission to serve a document by
an alternative method to those set out in Rule 6.2. The application
may be made without notice, and paragraph 9.1 of the Practice
Direction sets out the evidence that will be required in support of
the application. (Paragraph 7.12 below contains information in
relation to applications.)
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Out
of the jurisdiction
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| 4.4.10 |
The provisions for service out of the jurisdiction are contained in
Rules 6.17 to 6.31. Rule 6.19 sets out the provisions whereby a Claim
Form may be served out of the jurisdiction without the permission of
the court, and Rule 6.20 sets out the circumstances where the court’s
permission is required. Parties should also see the Practice
Direction on service out of the jurisdiction.
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| 4.4.11 |
A claimant may issue a Claim Form against defendants, one or some of
whom appear to be out of the jurisdiction, without first having
obtained permission for service out of the jurisdiction, provided
that where the Claim Form is not one which may be served without the
permission of the court under Rule 6.19, the Claim Form is endorsed
by the court that it is "not for service out of jurisdiction".
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| 4.4.12 |
Where a Claim Form is to be served in accordance with Rule 6.19 it
must contain a statement of the grounds on which the claimant is
entitled to serve it out of the jurisdiction. (See 6BPD.2). The
statement should be as follows;
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| (1) |
"I, (name) state that the High Court of England and Wales has
power under the Civil Jurisdiction and Judgments Act 1982Acts to hear
this claim and that no proceedings are pending between the parties in
Scotland, Northern Ireland or another Convention territory of any
contracting state as defined by section 1(3) of the Act.",
or
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| (2) |
where the proceedings are those to which Article 16 of Schedule 1, 3C
or 4 to the Act refers,
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"I,
(name) state that the High Court of England and Wales has power under
the Civil Jurisdiction and Judgments Act 1982Acts, the claim having as
its object rights in rem in immovable property or tenancies in
immovable property (or otherwise in accordance with the provisions of
Article 16 of Schedule 1, 3C or 4 to that Act) to which Article 16 of
Schedule 1, 3C or 4 to that Act applies, to hear the claim and that
no proceedings are pending between the parties in Scotland, Northern
Ireland or another Convention territory of any contracting state as
defined by section 1(3) of the Act.", or
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| | (3) |
where the defendant is party to an agreement conferring jurisdiction
to which Article 17 of Schedule 1, 3C or 4 to that Act applies,
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"I,
(name) state that the High Court of England and Wales has power under
the Civil Jurisdiction and Judgments Act 1982Acts, the defendant being a
party to an agreement conferring jurisdiction to which Article 17 of
Schedule 1, 3C or 4 to that Act applies, to hear the claim and that
no proceedings are pending between the parties in Scotland, Northern
Ireland or another Convention territory of any contracting state as
defined by section 1(3) of the Act.".
| | (4) |
where the Judgments Regulation applies (except where Articles 22 or
23 of the Regulation, or Rule 6.19(2) applies),
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"I,
(name) state that the High Court of England and Wales has power under
Council Regulation (EC) No 44/2001 of 22nd December 2000
(on jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters) to hear this claim and that no
proceedings are pending between the parties in Scotland, Northern
Ireland or any other Regulation state as defined by section 1(3) of
the Civil Jurisdiction and Judgments Act 1982Actsâ€
| | (5) |
where Article 22 of the Judgments Regulation applies,
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"I,
(name) state that the High Court of England and Wales has power under
Council Regulation (EC) No 44/2001 of 22nd December 2000
(on jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters), the claim having as its object rights
in rem in immovable property or tenancies in immovable property (or
otherwise in accordance with the provisions of Article 22 of that
Regulation) to which Article 22 of that Regulation applies, to hear
this claim and that no proceedings are pending between the parties in
Scotland, Northern Ireland or any other Regulation state as defined
by section 1(3) of the Civil Jurisdiction and Judgments Act 1982Actsâ€
| | (6) |
where Article 23 of the Judgments Regulation applies,
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"I,
(name) state that the High Court of England and Wales has power under
Council Regulation (EC) No 44/2001 of 22nd December 2000
(on jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters), the defendant being party to an
agreement conferring jurisdiction to which Article 23 of that
Regulation applies, to hear this claim and that no proceedings are
pending between the parties in Scotland, Northern Ireland or any
other Regulation state as defined by section 1(3) of the Civil
Jurisdiction and Judgments Act 1982â€
| | (7) |
where Rule 6.19(2) applies,
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"I,
(name) state that the High Court of England and Wales has power to
hear this claim under [state the provisions of the relevant
enactment] which satisfies the requirements of rule 6.19(2), and that
no proceedings are pending between the parties in Scotland, Northern
Ireland, or in another Contracting State or Regulation State as
defined by section 1(3) of the Civil Jurisdiction and Judgments Act
1982â€
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| 4.4.13 |
The statement should be signed and have set out the full name of the
signatory. If a Claim Form as specified in paragraph 4.2.10 above
does not bear the appropriate above statement, the Claim Form will be
endorsed "not for service out of the jurisdiction".
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| 4.4.14 |
An application for an order for permission to issue a Claim Form for
service out of the jurisdiction or to serve the Claim Form out of the
jurisdiction should be made in accordance with Part 23 (form PF 6(A)
may be used). The application must be supported by written evidence,
and may be made without notice. The written evidence should state the
requirements set out in Rule 6.21(1) and (2).
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| 4.4.15 |
An order giving permission for service out of the jurisdiction should
be in form PF 6(B) and will;
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| (1) |
specify the country in which, or place at which, service is to be
effected, and
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| (2) |
specify the number of days within which the defendant may either
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| (a) |
file an acknowledgement of service,
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| (b) |
file or serve an admission, or
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| (c) |
file a defence to
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the
claim, and where an acknowledgement of service is filed, specify a
further 14 days within which the defendant may file a defence. (This
information can be found in the Table in the Practice Directionpdp-06to
Part
6 (6BPD 11).)
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| 4.4.16 |
Where service is to be effected in a country which requires a
translation of the documents to be served, it is the claimant’s
responsibility to provide the translation of all the documents for
each defendant. In every case, it is the claimant’s duty to ensure
that the Response Pack clearly states the appropriate period for
responding to the Claim Form, and form N9, form N1C and other
relevant forms must be modified accordingly. Every translation must
be accompanied by a statement by the person making it;
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| (1) |
that it is a correct translation, and
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| (2) |
including the person’s name, address and qualifications for making
the translation.
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| 4.4.17 |
The periods for acknowledging service of a Claim Form served out of
the jurisdiction are set out in Rule 6.22 and in the Table contained
in the Part 6 Section III Practice Direction, and the periods for
serving a defence to a Claim Form served out of the jurisdiction are
set out in Rule 6.23 and in the Table in the Practice Direction. Rule
6.24 describes the methods of service.
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| 4.4.18 |
Where the Claim Form is to be served through;
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| (1) |
the judicial authorities of the country where the Claim Form is to be
served,
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| (2) |
a British Consular authority in that country,
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| (3) |
the authority designated under the Hague Convention in respect of
that country, or
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| (4) |
the Government of that country, or
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| (5) |
where the court permits service on a State, the Foreign and
Commonwealth Office,
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| (6) |
the Receiving Agency designated under Regulation (EC) 1348/2000
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the
claimant should provide the Senior Master with the following
documents by forwarding them to the Foreign Process section, Room E
10;
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| (a) |
a request for service by the chosen method (in form PF 7),
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| (b) |
a sealed copy and a duplicate copy of the Claim Form,
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| (c) |
the Response Pack as referred to in paragraph 4.2.14,
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| (d) |
a translation in duplicate, and the statement referred to in
paragraph 4.2.13, and
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| (e) |
any other relevant documents.
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| 4.4.19 |
Where service has been requested in accordance with paragraph 4.2.16,
the particulars of claim, if not included in the Claim Form, must
accompany the Claim Form (in duplicate). Where the claimant is
effecting service of the Claim Form direct (and not as in paragraph
4.2.16) 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.
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| 4.4.20 |
Where an official certificate of service is received in a foreign
language, it is the responsibility of the claimant to obtain a
translation of the certificate. Where a defendant served out of the
jurisdiction fails to attend a hearing, the official certificate of
service is evidence of service. Otherwise the claimant may take no
further steps against the defendant until written evidence showing
that the Claim Form has been duly served is filed.
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| 4.4.21 |
Further advice on service out of the jurisdiction may be obtained
from the Foreign Process Section, Room E10.
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