Chapter 6: Service of Proceedings

• Service of a claim form


  A critical step, as there is no requirement for the defendant to respond to the claim until they are properly served with the claim form
• CPR


  Imposes strict rules around time limits for service of a sealed claim form
• Time limits for service of the claim form


  1. Must be served within four months of the date of issue

  2. If serving a party outside the jurisdiction, service must take place within six months of the date of issue
• Service within the jurisdiction


  1. The court can serve proceedings, or the court may return the claim form to the solicitor for service

  2. The court will serve unless the claimant specifically asks them not to do so

  3. If the claimant asks the court to serve, the court will normally post the proceedings to the defendants by first class post

  4. The court will include the claim form and Particulars of Claim, attaching the medical report where appropriate and a schedule of past and future loss and expense, notice of funding, and any certificate of suitability of a Litigation Friend

  5. If the claimant asks the court to return the claim form to them for service, it becomes the responsibility of the claimant to ensure that they serve the proceedings on time and that all the relevant documents are included
• Other methods of service


  • Service on defendant's nominated solicitors
  • Personal service
  • Fax
  • Document exchange (DX)
  • Email
• When is claim form deemed to be served?


  The CPR includes an indisputable presumption that the claim form is deemed to be served, whatever the method of service, on the second business day after the step set out in the preceding table has occurred
• Exceptional circumstances: defendant's whereabouts unknown
• Exceptional circumstances: defendant in prison
• Claim that service was not valid
• Examples of invalid service


  • Only a photocopy of the claim form was served, not an original sealed copy
  • Service was delivered by fax or email without permission being obtained
  • Service was out of time
  • Service was on the wrong person, for example, on someone other than the defendant's nominated solicitor
  • Service was delivered at the wrong address and insufficient attempts have been made to locate the defendant
• Certificate of service


  1. If the court serves the claim form, it will issue a certificate of service and send it to the claimant

  2. If the claimant's solicitor is serving, they need to file a certificate of service within 21 days
• Extending the validity of a claim form


  A claimant may make an application to extend the period of validity of a claim form. Such an application must be made within the original period of validity. The court will grant the application only in exceptional circumstances
• Service outside the jurisdiction


  1. If the defendant resides abroad or the action is against an entity located out of the jurisdiction, service of the claim form might require permission of the court

  2. Permission is not required if the defendant resides in Scotland or Northern Ireland or in other situations in which the defendant is resident in the United Kingdom

  3. In all other cases, if a court in England and Wales can be shown to be the most appropriate forum for resolution of the claim, a party can make an application for permission to serve a claim form on a defendant out of the jurisdiction
• Importance of proper service outside the jurisdiction
• Service by alternative method


  If service might not be achieved within the validity period of a claim form, the CPR enables the court to permit service by an alternative method or at an alternative place on application of a party if they can show a good reason for the order
• Service of Particulars of Claim


  If the Particulars of Claim is not served at the same time as the claim form, it needs to be served within 14 days of service of the claim form, failing which the claimant is out of time and proceedings have not been validly served