When bringing or defending a civil claim in the UK, it is important to understand the rules around serving documents. This ensures the court considers documents to have been lawfully and properly delivered or “served.” These types of court documents can and should be served in a specific manner, and they’re often the topic of confusion for individuals pursuing civil claims.
The litigation solicitors at George Ide LLP draw on their extensive experience of personal service to provide some crucial factors to consider in the context of serving documents in legal proceedings – under the Civil Procedure Rules (CPR) Part 6 – and to clear up some common misconceptions. Read on for a brief overview and key takeaways worth considering before you begin instructing a civil litigation solicitor.
What Can Be Served?
Under Civil Procedure Rules, a document that can be served includes any claim form, application notice, order, judgment, or other legal document filed with or sent by the court.
The requirements for service of a claim form are treated separately from other legal documents because this form, along with the Particulars of Claim, initiates the entire litigation process.
In other words, without a claim form, legal proceedings cannot begin.
Without a claim form service, time does not start in the proceedings for other events in the litigation case such as when a default judgment may be applied for or when defences or counterclaims are due.
Who Can Serve?
Documents may be served by the court directly or a party to the case, as well as various officials like bailiffs or sheriffs. Parties can also instruct process servers – third-party individuals or businesses certified to serve documents on a claimant’s behalf.
How to Serve Documents
For UK-based individuals, there are several options to serve documents including first class post, handing a document to your opponent (or business) in person, or leaving it at their residence. This applies to both individuals and companies.
There are also rules allowing service by alternative methods like email. When serving documents overseas additional requirements apply depending on which country documents are being served in.
Methods of Service
Common valid methods of service include:
- Personal service under Civil Procedure Rule Part 6.5 (i.e. handing the document to the recipient directly or a senior representative within a company)
- First class post, official document exchange or another next-business-day service
- Delivery of the document to or leaving the document to a specified place
- Fax or other electronic means, where agreed
- Any method authorised by the court in Rule 6.15
Contrary to widespread belief, email is not adequate to initiate the service of documents. Under Part 6, rule 23 of the CPR, it’s stipulated that: “Where a party indicates in accordance with Practice Direction 6A 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.”
Practice Direction 6A, paragraph 4.1 states: “[where a document is to be served by fax or other electronic means the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –
“That the party to be served or the solicitor is willing to accept service by fax or other electronic means; and
“The fax number, e-mail address or other electronic identification to which it must be sent.”
Furthermore, Practice Direction 6, paragraph 4.2 states that: “Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient’s agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).”
Under Part 6, rule 9 of the CPR, none of the places at which individuals may be served refer to email.
What if the Party to be Served is Overseas?
If an overseas party needs to be served, the process varies by which country they are located in. Special permission and authorisation from a court is required to serve documents that fall outside English Court authority. An Application Notice is required, by which point, relevant international laws may govern how service can take place.
Serving Documents Upon Solicitors
Solicitors may be authorised to accept service on behalf of a party in the absence of direct communication to the claimant. A claim form must be served at the business address of that solicitor. Subject to Rule 6.5(1) where the party has given in writing the business address within a solicitor’s jurisdiction, or a solicitor acting for the party has notified the claimant – in writing – of their authorisation to accept service.
Important Dates
The purpose of service is to bring a claim form or other document to the attention of another party. CPR mandates that a specific point in time be stated, as time runs for further steps to be taken in proceedings from that point.
The date of service is the point in time for other events. These include:
- Fixing a date to calculate limitations periods
- When service acknowledgements are due to be filed
- When default judgments, defences, or counterclaims may be filed
- Sanctions and relief from applications running from specific dates
The date a document is considered served is not necessarily the date that it was posted or sent. In-person delivery effectively serves documents on the day that action takes place, whereas other channels may indicate a difference in the document creation date and the actual service date
It is critical to know the precise date of service since deadlines for response often run from that, not when documents were produced and could impact case timelines and outcomes.
Challenges to Service
A party has the option to contest service if they believe CPR regulations have not been properly followed. If the court agrees, this may invalidate service and the document(s) being served would need to be served again. Disputes might relate to the method and timing of service, or the information provided alongside documents.
While technical, understanding the rules in CPR Part 6 is vital for accurately serving and challenging documents in litigation and ensures cases proceed fairly and efficiently through the justice system.
Legal professionals can provide more detailed advice on how service works in individual civil litigation situations, and if the contents of a claim form are particularly complex.
Consult George Ide LLP for Civil Litigation Assistance
The team at George Ide LLP has extensive experience acting for clients in civil disputes to accept and serve the required documents on your behalf and ensure CPR regulations are correctly followed.
Whether starting a claim or responding to proceedings against you, one of our accredited, experienced solicitors can represent your case end-to-end. Contact George Ide LLP to find out more and explore how we may be able to help.
Contact Our Friendly Legal Experts Today
For general enquiries or to discuss more specific needs in personal or commercial law please get in touch with a friendly member of our team today.
Latest News
21st November 2024
What is a Personal Injury Trust?
13th November 2024
How Long Does a Personal Injury Claim Take to Settle?
1st November 2024
All You Need to Know About LPA (Lasting Power of Attorney)
30th October 2024
Common Personal Injury Claim Mistakes and How to Avoid Them
27th June 2024
