Part 6 SERVICE OF DOCUMENTS

Contents of this part
Title	Number
I SCOPE OF THIS PART AND INTERPRETATION
Part 6 rules about service apply generally	Rule 6.1
Interpretation	Rule 6.2
II SERVICE OF THE CLAIM FORM IN THE JURISDICTION
Methods of service	Rule 6.3
Who is to serve the claim form	Rule 6.4
Personal service	Rule 6.5
Where to serve the claim form – general provisions	Rule 6.6
Service of the claim form on a solicitor	Rule 6.7
Service of the claim form where the defendant gives an address at which the defendant may be served	Rule 6.8
Service of the claim form where the defendant does not give an address at which the defendant may be served	Rule 6.9
Service of the claim form in proceedings against the Crown	Rule 6.10
Service of the claim form by contractually agreed method	Rule 6.11
Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction	Rule 6.12
Service of the claim form on children and protected parties	Rule 6.13
Deemed service	Rule 6.14
Service of the claim form by an alternative method or at an alternative place	Rule 6.15
Power of court to dispense with service of the claim form	Rule 6.16
Notice and certificate of service relating to the claim form	Rule 6.17
Notification of outcome of postal service by the court	Rule 6.18
Notice of non-service by bailiff	Rule 6.19
III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM
Methods of service	Rule 6.20
Who is to serve	Rule 6.21
Personal service	Rule 6.22
Address for service	Rule 6.23
Change of address for service	Rule 6.24
Service on children and protected parties	Rule 6.25
Deemed Service	Rule 6.26
Service by an alternative method or at an alternative place	Rule 6.27
Power to dispense with service	Rule 6.28
Certificate of service	Rule 6.29
IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION
Scope of this Section	Rule 6.30
Interpretation	Rule 6.31
Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland	Rule 6.32
Service of the claim form where the permission of the court is not required – out of the United Kingdom	Rule 6.33
Notice of statement of grounds where the permission of the court is not required for service	Rule 6.34
Period for responding to the claim form where permission was not required for service	Rule 6.35
Service of the claim form where the permission of the court is required	Rule 6.36
Application for permission to serve the claim form out of the jurisdiction	Rule 6.37
Service of documents other than the claim form – permission	Rule 6.38
Service of application notice on a non-party to the proceedings	Rule 6.39
Methods of service – general provisions	Rule 6.40
Service in accordance with the Service Regulation	Rule 6.41
Service through foreign governments, judicial authorities and British Consular authorities	Rule 6.42
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities	Rule 6.43
Service of claim form or other document on a State	Rule 6.44
Translation of claim form or other document	Rule 6.45
Undertaking to be responsible for expenses	Rule 6.46
Proof of service before obtaining judgment	Rule 6.47
V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS
Scope of this Section	Rule 6.48
Interpretation	Rule 6.49
Request for service	Rule 6.50
Method of service	Rule 6.51
After service	Rule 6.52

I SCOPE OF THIS PART AND INTERPRETATION

Part 6 rules about service apply generally

6.1

This Part applies to the service of documents, except where –


(a)	another Part, any other enactment or a practice direction makes different provision; or


(b)	the court orders otherwise.

(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)

This Rule is referred to in: QB Guide - Chapter 4 (4.4).

Interpretation

6.2

In this Part –


(a)	‘ bank holiday’ means a bank holiday under the Banking and Financial Dealings Act 1971¹ in the part of the United Kingdom where service is to take place;


(b)	‘ business day’ means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;


(c)	‘claim’ includes petition and any application made before action or to commence proceedings and ‘ claim form’, ‘claimant’ and ‘defendant’ are to be construed accordingly; and


(d)	‘solicitor’ includes other authorised litigators within the meaning of the Courts and Legal Services Act 1990².

This Rule is referred to in: Part 06_old (6.3), (6.5), Chancery Guide - Chap 14 (14.11), QB Guide - Chapter 4 (4.4), (4.4), 656 [18], [31], [77], [83], [83], [9].

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION

Methods of service

6.3

(1)

A claim form may be served by any of the following methods –


(a)	personal service in accordance with rule 6.5;


(b)	first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction A supplementing this Part;


(c)	leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;


(d)	fax or other means of electronic communication in accordance with Practice Direction A supplementing this Part; or


(e)	any method authorised by the court under rule 6.15.

(2)

A company may be served –


(a)	by any method permitted under this Part; or


(b)	by any of the methods of service set out in the Companies Act 1985^Acts³ or the Companies Act 2006⁴.

(3)

A limited liability partnership may be served –


(a)	by any method permitted under this Part; or


(b)	by any of the methods of service set out in section 725 of the Companies Act 1985^Acts.

This Rule is referred to in: PDP 05b (3.3A), PDR 54 (5.1), 656 [15], [21].

Who is to serve the claim form

6.4

(1)

The court will serve the claim form except where –


(a)	a rule or practice direction provides that the claimant must serve it;


(b)	the claimant notifies the court that the claimant wishes to serve it; or


(c)	the court orders or directs otherwise.


(2)	Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.


(3)	Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.

(4)

Where the court has sent –


(a)	a notification of outcome of postal service to the claimant in accordance with rule 6.18; or


(b)	a notification of non-service by a bailiff in accordance with rule 6.19,

the court will not try to serve the claim form again.

This Rule is referred to in: Part 06_old (6.2), PDP 06 (8.1), PDP 07c (1.4), QB Guide - Intro (1.2), 656 [15], [31], [85], [85], [87].

Personal service

6.5


(1)	Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.

(2)

In other cases, a claim form may be served personally except –


(a)	where rule 6.7 applies; or


(b)	in any proceedings against the Crown.

(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)

(3)

A claim form is served personally on –


(a)	an individual by leaving it with that individual;


(b)	a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or

(c)

a partnership (where partners are being sued in the name of their firm) by leaving it with –


(i)	a partner; or


(ii)	a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

(Practice Direction A supplementing this Part sets out the meaning of ‘senior position’.)

This Rule is referred to in: Part 06_old (6.13), (6.2), Part 07 (7.5), (7.5), PDP 06 (6.1), PDP 49e (25.1), QB Guide - Chapter 4 (4.4), QB Guide - Chapter 5 (5.2), 656 [104], [31], [79], [98], Collier v Williams [12], [49], [6], Cranfield v Bridgegrove Ltd [58].

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 4) Rules 2005 (12), (Notes), Civil Procedure (Amendment) Rules 2008 (27).

Where to serve the claim form – general provisions

6.6


(1)	The claim form must be served within the jurisdiction except where rule 6.11 applies or as provided by Section IV of this Part.


(2)	The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode, unless the court orders otherwise. (Paragraph 2.4 of the practice direction^pdp-16supplementing Part 16 contains provisions about postcodes.)


(3)	Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.

This Rule is referred to in: QB Guide - Chapter 4 (4.4).

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2007 (Notes).

Service of the claim form on a solicitor

6.7

Subject to rule 6.5(1), where –


(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,

the claim form must be served at the business address of that solicitor.

(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)

This Rule is referred to in: Part 06_old (6.14), Part 54 (54.28B), PDP 42 (5.1), 656 [31], [83], [87], [98].

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 4) Rules 2005 (Notes), Civil Procedure (Amendment) Rules 2008 (44).

Service of the claim form where the defendant gives an address at which the defendant may be served

6.8

Subject to rules 6.5(1) and 6.7 –


(a)	the defendant may be served with the claim form at an address within the jurisdiction which the defendant has given for the purpose of being served with the proceedings; or


(b)	in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987^Acts⁵.

This Rule is referred to in: Part 06_old (6.16), (6.2), (6.5), PDP 04 (3.2), (3.2), QB Guide - Chapter 7 (7.12), Comm Ct Guide - Pt O (O12.4), 656 [95], [96], Godwin v Swindon BC [31].

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2008 (44), (44).

Service of the claim form where the defendant does not give an address at which the defendant may be served

6.9

(1)

This rule applies where –


(a)	rule 6.5(1) (personal service);


(b)	rule 6.7 (service of claim form on solicitor); and


(c)	rule 6.8 (defendant gives address at which the defendant may be served),

do not apply and the claimant does not wish to effect personal service under rule 6.5(2).


(2)	Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.

Nature of defendant to be served	Place of service
1. Individual	Usual or last known residence.
2. Individual being sued in the name of a business	Usual or last known residence of the individual; or
2. Individual being sued in the name of a business	principal or last known place of business.
3. Individual being sued in the business name of a partnership	Usual or last known residence of the individual; or
	principal or last known place of business of the partnership.
4. Limited liability partnership	Principal office of the partnership; or
4. Limited liability partnership	any place of business of the partnership within the jurisdiction which has a real connection with the claim.
5. Corporation (other than a company) incorporated in England and Wales	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.
6. Company registered in England and Wales	Principal office of the company; or
6. Company registered in England and Wales	any place of business of the company within the jurisdiction which has a real connection with the claim.
7. Any other company or corporation	Any place within the jurisdiction where the corporation carries on its activities; or
7. Any other company or corporation	any place of business of the company within the jurisdiction.


(3)	Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

(4)

Where, having taken the reasonable steps required by paragraph (3), the claimant –


(a)	ascertains the defendant’s current address, the claim form must be served at that address; or

(b)

is unable to ascertain the defendant’s current address, the claimant must consider whether there is –


(i)	an alternative place where; or


(ii)	an alternative method by which,

service may be effected.


(5)	If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6)

Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –


(a)	cannot ascertain the defendant’s current residence or place of business; and


(b)	cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

This Rule is referred to in: PDP 42 (5.1), 656 [54], [54], [88], [88], [9], Godwin v Swindon BC [32], [50], [79], Hoddinot v Persimmon Homes (Wessex) Ltd [21], Olafsson v Hannes Holmsteinn Gissurarson [43], Phillips v Symes [30], Uphill v BRB (Residuary) Ltd [14], [9].

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2008 (44), (44).

Service of the claim form in proceedings against the Crown

6.10

In proceedings against the Crown –


(a)	service on the Attorney General must be effected on the Treasury Solicitor; and


(b)	service on a government department must be effected on the solicitor acting for that department.

(The practice direction^pdp-66supplementing Part 66 gives the list published under section 17 of the Crown Proceedings Act^Acts 1947⁶ of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)

This Rule is referred to in: Part 06_old (6.14), Part 07 (7.4), Part 12 (12.4), PDP 04 (3.2), PDP 54 (18.2), PDP 66 (2.1), QB Guide - Chapter 4 (4.4), 656 [37], [97], [97].

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2008 (44), (44), (44).

Service of the claim form by contractually agreed method

6.11

(1)

Where –


(a)	a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and


(b)	a claim solely in respect of that contract is started,

the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.

(2)

Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served –


(a)	if permission to serve it out of the jurisdiction has been granted under rule 6.36; or


(b)	without permission under rule 6.32 or 6.33.

This Rule is referred to in: Part 06_old (6.3), PDP 04 (3.2), QB Guide - Chapter 4 (4.4), 656 [22], [23], [23], [28], [28], [28], [46].

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 3) Rules 2005 (Notes).

Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction

6.12

(1)

The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where –


(a)	the defendant is out of the jurisdiction;


(b)	the contract to which the claim relates was entered into within the jurisdiction with or through the defendant's agent; and


(c)	at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.

(2)

An application under this rule –

(a)

must be supported by evidence setting out –


(i)	details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;


(ii)	that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and


(iii)	why service out of the jurisdiction cannot be effected; and


(b)	may be made without notice.


(3)	An order under this rule must state the period within which the defendant must respond to the particulars of claim.

(4)

Where the court makes an order under this rule –


(a)	a copy of the application notice and the order must be served with the claim form on the agent; and


(b)	unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.


(5)	This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).

This Rule is referred to in: Part 10 (10.3), Part 14 (14.2), Part 15 (15.4), Part 58 (58.6), Part 59 (59.5), QB Guide - Chapter 4 (4.4).

Service of the claim form on children and protected parties

6.13

(1)

Where the defendant is a child who is not also a protected party, the claim form must be served on –


(a)	one of the child’s parents or guardians; or


(b)	if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2)

Where the defendant is a protected party, the claim form must be served on –

(a)

one of the following persons with authority in relation to the protected party as –


(i)	the attorney under a registered enduring power of attorney;


(ii)	the donee of a lasting power of attorney; or


(iii)	the deputy appointed by the Court of Protection; or


(b)	if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.


(3)	Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).


(4)	The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).


(5)	An application for an order under paragraph (4) may be made without notice.


(6)	The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.


(7)	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 and ‘child’ and ‘protected party’ have the same meaning as in rule 21.1.)

This Rule is referred to in: Part 06_old (6.12), (6.5), Part 21 (21.1), (21.8), Collier v Williams [14], [14].

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 3) Rules 2005 (Notes), (Notes).

Deemed service

6.14

A claim form served in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).

This Rule is referred to in: Part 26 (26.3), Directors' Disq. PD (35.2), Comm Ct Guide - Pt B (B6.6), 656 [22], [23], [23], [23], [23], [97], [97], Cranfield v Bridgegrove Ltd [23], [23], [37], [97], Godwin v Swindon BC [48].

Service of the claim form by an alternative method or at an alternative place

6.15


(1)	Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.


(2)	On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.

(3)

An application for an order under this rule –


(a)	must be supported by evidence; and


(b)	may be made without notice.

(4)

An order under this rule must specify –


(a)	the method or place of service;


(b)	the date on which the claim form is deemed served; and

(c)

the period for –


(i)	filing an acknowledgment of service;


(ii)	filing an admission; or


(iii)	filing a defence.

This Rule is referred to in: Part 45 (45.5), PDP 06 (9.1), PDP 61 (3.6), PDP 62 (3.1).

Power of court to dispense with service of the claim form

6.16


(1)	The court may dispense with service of a claim form in exceptional circumstances.

(2)

An application for an order to dispense with service may be made at any time and –


(a)	must be supported by evidence; and


(b)	may be made without notice.

This Rule is referred to in: Part 06_old (6.12), QB Guide - Chapter 4 (4.4).

Notice and certificate of service relating to the claim form

6.17


(1)	Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.

(2)

Where the claimant serves the claim form, the claimant –


(a)	must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and


(b)	may not obtain judgment in default under Part 12 unless a certificate of service has been filed.

(3)

The certificate of service must state –


(a)	where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and


(b)	the details set out in the following table.

Method of service	Details to be certified
1. Personal service	Date of personal service.
2. First class post, document exchange or other service which provides for delivery on the next business day	Date of posting, or
	leaving with, delivering to or collection by the relevant service provider.
3. Delivery of document to or leaving it at a permitted place	Date when the document was delivered to or left at the permitted place.
4. Fax	Date of completion of the transmission.
5. Other electronic method	Date of sending the e-mail or other electronic transmission.
6. Alternative method or place	As required by the court.

This Rule is referred to in: Part 12 (12.3), Part 21 (21.5), Part 55 (55.23), (55.8), Part 65 (65.18), PDP 06 (7.1), PDP 62 (3.2), QB Guide - Chapter 4 (4.4), (4.4).

Notification of outcome of postal service by the court

6.18

(1)

Where –


(a)	the court serves the claim form by post; and


(b)	the claim form is returned to the court,

the court will send notification to the claimant that the claim form has been returned.


(2)	The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.

This Rule is referred to in: PDP 07 (3.5), (3.5).

Notice of non-service by bailiff

6.19

Where –


(a)	the court bailiff is to serve a claim form; and


(b)	the bailiff is unable to serve it on the defendant,

the court will send notification to the claimant.

This Rule is referred to in: Part 06_old (6.23), (6.23), (6.23), (6.23), (6.30), (6.30), QB Guide - Chapter 4 (4.4), (4.4), (4.4), (4.4), (4.4), (4.4), Comm Ct Guide - Pt B (B8.4), Demirel v Tasarruf Sigorta Fonu [10], [10], Owusu v Jackson [8].

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 5) Rules 2001 (14).

III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM

Methods of service

6.20

(1)

A document may be served by any of the following methods –


(a)	personal service, in accordance with rule 6.22;


(b)	first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction A supplementing this Part;


(c)	leaving it at a place specified in rule 6.23;


(d)	fax or other means of electronic communication in accordance with Practice Direction A supplementing this Part; or


(e)	any method authorised by the court under rule 6.27.

(2)

A company may be served –


(a)	by any method permitted under this Part; or


(b)	by any of the methods of service set out in the Companies Act 1985^Acts or the Companies Act 2006.

(3)

A limited liability partnership may be served –


(a)	by any method permitted under this Part; or


(b)	by any of the methods of service set out in section 725 of the Companies Act 1985^Acts.

This Rule is referred to in: Part 06_old (6.21), (6.21), (6.21), PDP 05b (3.3A), QB Guide - Chapter 4 (4.4), Comm Ct Guide - Pt B (B8.4), Anderton v Clwyd CC [96], Dadourian Group Int Inc v Simms [34], Demirel v Tasarruf Sigorta Fonu [25], Hoddinot v Persimmon Homes (Wessex) Ltd [22], Jones v Saudia Arabia [29], [81], Owusu v Jackson [36].

Who is to serve

6.21

(1)

A party to proceedings will serve a document which that party has prepared except where –


(a)	a rule or practice direction provides that the court will serve the document; or


(b)	the court orders otherwise.

(2)

The court will serve a document which it has prepared except where –


(a)	a rule or practice direction provides that a party must serve the document;


(b)	the party on whose behalf the document is to be served notifies the court that the party wishes to serve it; or


(c)	the court orders otherwise.


(3)	Where the court is to serve a document, it is for the court to decide which method of service is to be used.


(4)	Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.

This Rule is referred to in: Part 06_old (6.30), (6.30), Part 40 (40.4), PDP 04 (3.2), (3.2), PDP 06 (8.1), PDP 07c (1.4), QB Guide - Chapter 4 (4.4), Comm Ct Guide - Pt B (B8.4), Demirel v Tasarruf Sigorta Fonu [45], Jones v Saudia Arabia [81], Owusu v Jackson [23].

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 5) Rules 2001 (43), (43), Civil Procedure (Amendment) Rules 2008 (31).

Personal service

6.22


(1)	Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.

(2)

In other cases, a document may be served personally except –


(a)	where the party to be served has given an address for service under rule 6.23(2)(a); or


(b)	in any proceedings by or against the Crown.


(3)	A document may be served personally as if the document were a claim form in accordance with rule 6.5(3).

This Rule is referred to in: Part 06_old (6.18), (6.30), (6.30), QB Guide - Chapter 4 (4.4), Comm Ct Guide - Pt B (B8.4).

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 5) Rules 2001 (43), (43), Civil Procedure (Amendment) Rules 2000 (41), (41), Civil Procedure (Amendment) Rules 2008 (31).

Address for service

6.23


(1)	A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode unless the court orders otherwise. (Paragraph 2.4 of the practice direction^pdp-16supplementing Part 16 contains provisions about postcodes.)

(2)

A party’s address for service must be –


(a)	the business address within the United Kingdom of a solicitor acting for the party to be served; or


(b)	where there is no solicitor acting for the party to be served, an address within the United Kingdom at which the party resides or carries on business.


(3)	Where there is no solicitor acting for the party to be served and the party does not have an address within the United Kingdom at which that party resides or carries on business, the party must give an address for service within the United Kingdom.

(Part 42 contains provisions about change of solicitor. Rule 42.1 provides that where a party gives the business address of a solicitor as that party’s address for service, that solicitor will be considered to be acting for the party until the provisions of Part 42 are complied with.)


(4)	Any document to be served in proceedings must be sent or transmitted to, or left at, the party’s address for service under paragraph (2) or (3) unless it is to be served personally or the court orders otherwise.


(5)	Where, in accordance with Practice Direction A supplementing this Part, a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.


(6)	Where a party indicates in accordance with Practice Direction A supplementing this Part that they will accept service by electronic means other than fax, the e-mail address or electronic identification given by that party will be deemed to be at the address for service.


(7)	In proceedings by or against the Crown, service of any document in the proceedings on the Crown must be effected in the same manner prescribed in rule 6.10 as if the document were a claim form.


(8)	This rule does not apply where an order made by the court under rule 6.27 (service by an alternative method or at an alternative place) specifies where a document may be served.

This Rule is referred to in: Part 02 (2.3), Part 06_old (6.18), (6.30), (6.30), Part 10 (10.5), Part 16 (16.5), Part 42 (42.2), Part 54 (54.28B), PDP 05b (3.3A), PDP 06 (4.1), PDP 10 (5.5), PDP 18 (1.7), PDP 42 (5.1), (5.1), (5.1), (5.1), PDP 66 (2.1), QB Guide - Chapter 4 (4.4).

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41), (41), Civil Procedure (Amendment) Rules 2008 (27).

Change of address for service

6.24

Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.

This Rule is referred to in: Part 42 (42.2), PDP 42 (5.1), QB Guide - Chapter 4 (4.4), Comm Ct Guide - Pt O (O12.3), Gater Assets Limited v Nak Naftogaz Ukrainiy [48].

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2008 (21).

Service on children and protected parties

6.25


(1)	An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2).


(2)	Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.


(3)	The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2).


(4)	An application for an order under paragraph (3) may be made without notice.


(5)	The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served.


(6)	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.

This Rule is referred to in: Part 06_old (6.24), Part 21 (21.1).

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 5) Rules 2001 (43),

Part 6 SERVICE OF DOCUMENTS

Contents of this part

I SCOPE OF THIS PART AND INTERPRETATION

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION

III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM