Commencing a claim - Service of a claim form within the jurisdiction

Learning Outcomes

This article explains the rules and procedures for serving a claim form within the jurisdiction of England and Wales. It covers the main methods of service permitted under the Civil Procedure Rules (CPR), the concept and calculation of deemed service, and the critical time limit for effecting service after a claim form is issued. Understanding these rules is essential for ensuring proceedings are validly commenced and for managing the litigation timetable effectively. This knowledge will assist you in applying the relevant principles to SQE1 assessment questions.

SQE1 Syllabus

For SQE1, you are required to understand the practical requirements for serving a claim form within the jurisdiction after proceedings have been issued. This includes identifying appropriate methods of service, calculating deemed dates of service, and appreciating the consequences of failing to serve within the prescribed time limits. Pay attention to:

• The requirements of CPR Part 6 concerning service of documents within the jurisdiction.
• The permitted methods of service for a claim form (CPR 6.3).
• How to determine the correct place for service depending on the defendant's status (CPR 6.9).
• The time limit for serving a claim form (CPR 7.5).
• The rules for deemed service of a claim form (CPR 6.14) and other documents (CPR 6.26).
• The procedure for applying for an extension of time to serve the claim form (CPR 7.6).
• The possibility of service by an alternative method (CPR 6.15).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. A claim form is issued on Monday 1st June. Using first-class post, the claimant posts the claim form to the defendant's correct address on Wednesday 3rd June. On which date is the claim form deemed served?
   1. Thursday 4th June
   2. Friday 5th June
   3. Monday 8th June
   4. Wednesday 3rd June
2. What is the standard time limit for serving a claim form within the jurisdiction after it has been issued by the court?
   1. 14 days
   2. 28 days
   3. 4 months
   4. 6 months
3. Which CPR Part primarily governs the service of documents within the jurisdiction?
   1. Part 3
   2. Part 6
   3. Part 7
   4. Part 23

Introduction

Once a claimant has issued a claim form at court, the next essential step is to ensure it is correctly served on the defendant. Service is the formal process of bringing the proceedings to the defendant's attention. The Civil Procedure Rules (CPR) set out strict requirements for how and when service must occur within the jurisdiction (England and Wales). Failure to comply with these rules can have serious consequences, potentially invalidating the claim or leading to procedural delays and costs sanctions. This article details the key rules governing service of the claim form within the jurisdiction, focusing on methods, timing, and deemed service provisions.

Key Term: Service
The formal process of delivering court documents, such as a claim form, to a party in legal proceedings, ensuring they are officially notified.

Key Term: Jurisdiction
The territory (in this context, England and Wales) within which a court has the authority to hear cases and enforce its orders. Service rules differ for service within versus outside the jurisdiction.

Key Term: Claim Form
The court document used by a claimant to commence legal proceedings against a defendant.

Methods of Service within the Jurisdiction (CPR Part 6)

CPR 6.3 specifies the methods by which a claim form may be served within the jurisdiction. The claimant (or the court, if requested) must use one of these permitted methods.

Personal Service (CPR 6.5)

This involves physically leaving the claim form with the defendant.

• Individual: Left with that individual.
• Company/Corporation: Left with a person holding a senior position (e.g., director, company secretary).
• Partnership (sued in firm name): Left with a partner or a person controlling the business at its principal place of business.

Key Term: Personal Service
Direct physical delivery of court documents to the intended recipient or a person authorised to accept service on their behalf.

Personal service provides strong evidence of receipt but can be difficult or costly if the defendant is evasive.

Service by Post (First Class or Equivalent)

Service can be effected by sending the claim form via first-class post or another service providing delivery on the next business day (e.g., DX).

• The document must be sent to an appropriate address (see 'Where to Serve' below).
• Proof of posting should be retained.

This method is common due to convenience but relies on the postal service and correct addressing.

Leaving the Document at a Permitted Place

The claim form can be delivered to or left at a specific address associated with the defendant. The permitted addresses vary depending on the type of defendant (CPR 6.9).

Service by Fax or Other Electronic Means (CPR 6.3(1)(d) and PD 6A)

Service by fax or email is permitted only if:

• The recipient has previously indicated in writing their willingness to accept service by that method.
• The fax number or email address used is one provided for service.
• Mere inclusion on letterhead (except fax for solicitors) is generally insufficient; express prior confirmation is needed for email.

Service by a Method Authorised by the Court (CPR 6.15)

If there is a good reason why service cannot be effected by the standard methods (e.g., the defendant is deliberately avoiding service), the claimant can apply to the court under CPR 6.15 for an order permitting service by an alternative method or at an alternative place (e.g., via social media, email without prior consent, or delivery to a relative). The claimant must provide evidence that the chosen method is reasonably likely to bring the claim form to the defendant's attention.

Where to Serve the Claim Form (CPR 6.9)

The correct address for service depends on the defendant:

If a claimant has reason to believe the defendant no longer resides or trades at the last known address, they must take reasonable steps to ascertain the current address before serving there (CPR 6.9(3)).

Time Limit for Service: The Four-Month Rule (CPR 7.5)

Importantly, CPR 7.5(1) mandates that the claimant must complete the required step for service (e.g., posting the letter, handing over the document) before 12:00 midnight on the calendar day four months after the date the claim form was issued by the court.

Calculating the Deadline

The four-month period runs from the date of issue. For example, if a claim form is issued on 10th March, the last day to complete the step required for service is 10th July.

Consequences of Non-Compliance

Failure to serve within this period means the claim form expires and loses its validity. The claimant would typically need to issue a new claim form, potentially facing issues if the limitation period has expired in the interim.

Extension of Time (CPR 7.6)

A claimant can apply to the court for an extension of the four-month period.

• The application must generally be made within the original four-month period.
• An extension will only be granted if there is a good reason (e.g., genuine difficulties locating or serving the defendant despite reasonable steps).
• Applications made after the period has expired are possible but granted only in very limited circumstances (CPR 7.6(3)), such as where the court failed to serve, or the claimant took all reasonable steps but couldn't serve, and acted promptly in making the application.

Deemed Service (CPR 6.14 and 6.26)

Deemed service rules establish the date on which service is legally considered to have taken place, regardless of when the defendant actually received the document. This date is critical for calculating subsequent deadlines, such as the time for the defendant to file an Acknowledgment of Service or Defence.

Key Term: Deemed Service
The date on which the CPR states service is legally effective, irrespective of the actual date of receipt by the recipient.

Key Term: Business Day
Defined in CPR 2.8(1) as any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day.

Deemed Service of the Claim Form (CPR 6.14)

There is a specific, straightforward rule for the claim form:

• Regardless of the method used (except personal service before 4:30 pm on a business day), the claim form is deemed served on the second business day after the relevant step (e.g., posting, delivery to address, fax/email transmission) was completed.

Exam Warning

A common mistake is confusing the deemed service rule for the claim form (CPR 6.14 – second business day) with the rule for other documents (CPR 6.26 – which varies and uses calendar days for postal service). For the claim form, always count two business days after the step required.

Worked Example 1.1

A claim form is issued on Monday 3rd August. The claimant posts it first-class to the defendant's registered office on Tuesday 4th August. Friday 7th August is a business day, as is Monday 10th August. When is the claim form deemed served?

Answer: The step required (posting) was completed on Tuesday 4th August. The second business day after this is Thursday 6th August. Therefore, the claim form is deemed served on Thursday 6th August.

Worked Example 1.2

A claimant attempts personal service on an individual defendant on Friday 14th August at 6:00 pm. The defendant accepts the document. Monday 17th August is a business day. When is the claim form deemed served?

Answer: Personal service was completed on Friday 14th August, but after 4:30 pm. Under CPR 6.14, service is deemed to occur on the second business day after the step. The step (leaving the document) was completed on Friday 14th. The first business day after is Monday 17th. The second business day after is Tuesday 18th August. Service is deemed on Tuesday 18th August. (Note: This outcome differs from CPR 6.26 for other documents, where service after 4.30 pm rolls to the next business day).

Deemed Service of Other Documents (CPR 6.26)

It is important to note that different deemed service rules apply to documents other than the claim form (e.g., Particulars of Claim if served separately, defences, application notices). These are governed by CPR 6.26 and vary more depending on the method:

• Personal Service / Left at Address / Fax / Electronic Method: If completed before 4:30 pm on a business day, deemed served that day. Otherwise, deemed served on the next business day.
• First Class Post / DX / Other Next Business Day Service: Deemed served on the second day after posting/leaving, provided that day is a business day. If the second day is not a business day, service is deemed on the next business day after that.

The distinction between CPR 6.14 (for claim forms) and CPR 6.26 (for other documents) is a frequent source of confusion and a likely area for assessment.

Summary

Effective service is fundamental to commencing civil proceedings. Key aspects include:

• Using a permitted method under CPR 6.3 (personal, post, leaving at address, electronic with consent, court-authorised alternative).
• Serving at the correct address as per CPR 6.9.
• Completing the relevant step for service within 4 months of the claim form's issue date (CPR 7.5).
• Understanding that the claim form is deemed served on the second business day after the step required (CPR 6.14).
• Recognising that different deemed service rules (CPR 6.26) apply to other documents.
• Knowing that extensions of time require a court application and good reason (CPR 7.6).

Key Point Checklist

This article has covered the following key knowledge points:

• The overriding importance of correct service for the validity of proceedings.
• The main methods of service within the jurisdiction permitted by CPR 6.3.
• How to identify the correct place for service based on the defendant's status under CPR 6.9.
• The four-month time limit for service under CPR 7.5 and the strict consequences of failure.
• The possibility and requirements for obtaining an extension of time under CPR 7.6.
• The specific rule for deemed service of the claim form under CPR 6.14 (second business day).
• The distinction between deemed service for claim forms (CPR 6.14) and other documents (CPR 6.26).
• The availability of service by an alternative method under CPR 6.15.

Key Terms and Concepts

• Service
• Jurisdiction
• Claim Form
• Personal Service
• Deemed Service
• Business Day