Civil claim procedures - Issuing and serving proceedings

Learning Outcomes

This article explains the procedural steps for issuing and serving civil proceedings in England and Wales, covering:

• Identifying the correct court to commence proceedings based on value, complexity, and subject matter, including when specialist High Court lists are appropriate
• Drafting and issuing a compliant claim form in accordance with the CPR and Practice Directions, including accurate party details, statements of value, particulars of claim, and statements of truth
• Applying and managing the strict time limits for serving a claim form, obtaining extensions under CPR 7.6, and understanding their interaction with limitation periods
• Selecting and using valid service methods under CPR 6, determining the correct address for service depending on the defendant’s status, and calculating deemed dates of service to manage AoS/defence timetables
• Advising on service out of the jurisdiction, including when permission is required post‑Brexit and how to effect service abroad under the Hague Service Convention
• Seeking orders for alternative service (CPR 6.15) or dispensing with service (CPR 6.16) in appropriate cases, and correctly preparing and filing certificates of service
• Anticipating and managing the consequences of failures or defects in service, including strike‑out risks, limited scope for relief, and practical steps to evidence and record service

SQE2 Syllabus

For SQE2, you are required to understand the procedural requirements for issuing and serving civil proceedings in England and Wales, with a focus on the following syllabus points:

• Differences in jurisdiction between the High Court and County Court for civil claims.
• Requirements for issuing a claim form, including choice of court and information needed.
• Time limits for serving the claim form and the consequences of missing deadlines.
• Valid methods of service under the Civil Procedure Rules (CPR).
• Correct addresses for service considering the nature of the defendant (individuals, companies, partnerships).
• Deemed service and the relevance of service rules to limitation.
• Practical implications of procedural failures relating to issuing or serving proceedings.

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. Which factors determine whether a civil claim should be commenced in the High Court or County Court?
2. What is the time limit for serving a claim form after it is issued, and what is the effect of failing to serve in time?
3. Briefly list the main methods for serving a claim form within the jurisdiction according to the CPR.
4. What must a claimant do if they cannot find the defendant’s current address for service?

Introduction

Commencing and serving proceedings is a critical stage in any civil dispute. The correct procedural steps must be followed for a claim to progress. The process is governed by statutory rules intended to ensure fairness, clarity, and timely justice. For SQE2, you must be able to advise clients and handle scenarios involving issuing and serving proceedings, as well as to spot and remedy procedural pitfalls. At the pre‑action stage, parties should comply with any relevant protocol or, if none applies, the Practice Direction on Pre‑Action Conduct and Protocols. The court expects early information exchange and consideration of ADR; failure may lead to costs sanctions. Even after issue, the court may encourage ADR or stay proceedings to facilitate it.

Key Term: jurisdiction
The legal authority of a court to hear and determine a claim. The correct jurisdiction depends mainly on the value and nature of the dispute.

Selecting the Right Court

Before issuing proceedings, you must identify the appropriate court. This typically depends on the claim's value and complexity, and sometimes the subject matter.

• County Court: Handles most claims of £100,000 or less. In personal injury, claims under £50,000 generally start here.
• High Court: Suitable for higher‑value claims, those involving complex issues, specialist subject matter, or matters of particular public importance. Use is guided by Practice Direction 7A and CPR Part 30. The High Court includes specialist lists within the Business and Property Courts (e.g., Commercial Court, Technology and Construction Court, Chancery lists, Intellectual Property Enterprise Court).

Factors supporting High Court issue (even if value would allow County Court):

• Complexity of facts, law, remedy, or procedure.
• Public interest in the outcome.
• Technical or specialist nature indicating a particular list (e.g., major construction disputes for the Technology and Construction Court).

If a claim is issued in the High Court but later judged more suitable for the County Court, it may be transferred. Conversely, a County Court claim may move to a specialist High Court list if appropriate.

Issuing the Claim Form

Proceedings are started when the claim form is issued at court and sealed with a court stamp. The claim form can be submitted:

• By post or online for money claims (via County Court Money Claims Centre or Online Civil Money Claims/MCOL for specified sums).
• At a County Court hearing centre for non‑money claims.
• In the relevant High Court Division or District Registry for specialist or high‑value claims.

Key Term: claim form
The formal document that commences civil proceedings. It states the parties, the nature of the claim, and the relief sought.

Key information required includes:

• Accurate names and full addresses of the parties, including postcodes. For an individual trading name, state the person’s full name “trading as …”; for partnerships, name the firm and each partner if required; for companies, use the registered name with the appropriate suffix (Ltd/PLC/LLP), and the registered office.
• The brief nature and details of the claim and remedy sought.
• A statement of value (specified sum or bracket/estimate for unspecified damages).
• Preferred County Court hearing centre (for money claims that may be transferred on defence).
• Particulars of claim either on the form or to follow in a separate document.
• A statement of truth.

Practice Direction 16 requires full party addresses (with postcodes). If you omit them, the court may issue the claim form but retain it and notify you that service will not be attempted until compliant details are provided or the requirement is dispensed with.

Failure to complete the claim form accurately can delay issue or invalidate service. For limitation protection, proceedings are considered started on the date the court receives the claim form (not when sealed), but ensure proper fee payment and compliance so the claim is issued without delay.

Serving Proceedings

Once issued, the claim form must be validly served within the permitted time. If the particulars of claim are not on the claim form, they must be served separately within the time limits set out below.

Key Term: service
The formal delivery of legal documents to a party. Service ensures the defendant is properly notified of proceedings.

Time Limits

• The claim form must be served within four months of the date of issue if serving within the jurisdiction (CPR 7.5).
• Six months is permitted if serving outside the jurisdiction.
• Extensions require an order under CPR 7.6. An application made before expiry is more straightforward; once the period has expired, the court will only grant an extension if either the court failed to serve the claim form or the claimant took all reasonable steps to serve it but could not do so, and acted promptly in making the application.

Missing the time limit usually requires the claim to be re‑issued, which could affect limitation. Protective issuing is common where limitation is near; ensure timely service or seek an extension in good time.

Key Term: certificate of service
A document filed by the claimant confirming when, how, and where service was effected. Where the claimant serves the claim form, the certificate is typically filed within 21 days after service of the particulars of claim.

Methods of Service

Permitted methods (CPR 6.3) include:

• Personal service (handing directly to the individual or an authorised officer).
• First class post or Document Exchange (DX).
• Leaving at a place permitted by the CPR (e.g., usual or last known residence).
• Fax or other electronic communication (only if the recipient has expressly indicated they will accept service by that method).
• Any method authorised by the court (e.g., alternative service under CPR 6.15).

Electronic service requires prior written indication by the recipient that they accept service by e‑mail (and the address to use), or a court order. Absent agreement, service by e‑mail is ineffective.

Addresses for Service

Service must be made at the appropriate address depending on the defendant's status (CPR 6.9 and PD 6):

• Individuals: Their usual or last known residence.
• Individuals sued in a business name (sole traders): Usual or last known residence or principal/last known place of business.
• Individuals sued in the business name of a partnership: As above, or the principal/last known place of business of the partnership.
• Limited liability partnerships (LLPs): Principal office or any place of business within the jurisdiction with a real connection to the claim.
• Companies registered in England and Wales: Registered office or any place of business within the jurisdiction with a real connection to the claim.
• Corporations incorporated in England and Wales (other than companies): Principal office or any place within the jurisdiction where the corporation carries on activities with a real connection to the claim.
• Other foreign companies/corporations with a presence in the jurisdiction: Any place of business or activity within the jurisdiction.

If a solicitor is authorised to accept service, serve at the solicitor’s address. Solicitors can only accept service if they have confirmed in writing that they are instructed to do so.

Key Term: deemed service
The date on which service is treated as effective under the rules, regardless of when the document is actually received.

Deemed Dates of Service

For most methods (other than personal service):

• First class post/DX: Deemed served on the second business day after posting/delivery/collection.
• Personal service: Deemed served on the day it is delivered if before 4.30 p.m. on a business day; otherwise, the next business day.
• Fax/electronic methods: Deemed served the same day if sent before 4.30 p.m. on a business day; otherwise, the next business day.

A “business day” excludes Saturdays, Sundays, bank holidays, Good Friday and Christmas Day. The 4.30 p.m. cut‑off applies to deeming for electronic and personal service.

Limitations and Effect of Service

Correct service is essential:

• Defective service may invalidate proceedings.
• If the defendant's address is unknown, take reasonable steps to ascertain it (e.g., searches, enquiries). If that fails, apply for an order for alternative service (CPR 6.15) or, in exceptional cases, for dispensing with service (CPR 6.16).
• If the court orders alternative service (e.g., by e‑mail, social media, or at a different address), comply strictly with the order’s terms.

Key Term: alternative service
A court‑ordered method of service under CPR 6.15 where service by standard methods is impracticable, and a different method is likely to bring the documents to the defendant’s attention.

Key Term: limitation period
The period within which a claim must be commenced. Missing limitation can be fatal to a claim.

Worked Example 1.1

A claimant issues a claim for £60,000 against a company. The claim form is posted to the company's registered office. It is posted (first class) on Thursday. On what date is service deemed effective?

Answer:
Service is deemed effective on the second business day after posting. If Thursday is a business day, service is deemed on Monday (assuming no intervening bank holidays).

Worked Example 1.2

The claimant does not know where the defendant lives. Can the claim form still be issued and served?

Answer:
The claim form may be issued with details as known, but it cannot be served until a valid address is supplied or the court dispenses with service (rare). The claimant must make reasonable efforts to find the defendant's address or apply to the court for alternative service.

Worked Example 1.3

The claimant issues on 1 March and tries to serve in late June but discovers the address is wrong. The four‑month period expires on 1 July. What should the claimant do?

Answer:
Apply urgently under CPR 7.6 before expiry for an extension of time to serve. If the period has already expired, the court will only extend if the court failed to serve the claim form or the claimant took all reasonable steps to serve but could not, and acted promptly. If not, the claim will have to be re‑issued, risking limitation.

Worked Example 1.4

A claimant serves the claim form by e‑mail to the defendant’s generic “info@…” address without prior agreement. The defendant ignores it. Is service valid?

Answer:
No. Electronic service is only valid if the recipient has expressly indicated acceptance of service by e‑mail (and the address to use), or the court has ordered alternative service. Absent agreement or order, service by e‑mail is ineffective.

Worked Example 1.5

You need to serve a claim form on a defendant domiciled in France. The claim was issued on 10 May 2025. Is permission required and what is the service period?

Answer:
Post‑Brexit, permission from the English court is generally required to serve in EU Member States unless a specific service‑without‑permission gateway applies. The claim form must be served within six months of issue. Service is typically effected via the Hague Service Convention, using the designated foreign authority.

Worked Example 1.6

An individual defendant has moved and you only have a last known address. What can you do?

Answer:
CPR 6.9 permits service at the last known residence if you take reasonable steps to ascertain the current address. Document your efforts. If the address remains unknown, seek an order for alternative service (e.g., by e‑mail, a known social media account, or at a workplace) or, in rare cases, an order dispensing with service.

Exam Warning

Errors in service can invalidate the claim or miss the limitation deadline. Always act promptly, evidence reasonable steps to locate a defendant, and double‑check addresses and time limits before serving. If in doubt, consider an application for an extension under CPR 7.6 in good time, or alternative service under CPR 6.15.

Serving Particulars of Claim Separately

If the particulars of claim are not included in the claim form, they must be served separately:

• Within 14 days of service of the claim form.
• And always within the four‑month service period for the claim form (six months if serving out of the jurisdiction).

If the particulars of claim are not included in or served with the claim form, the claim form must state that they will follow. Where the claimant serves, file a certificate of service within the required period to evidence valid service.

Service Outside the Jurisdiction

Serving outside the jurisdiction is tightly controlled:

• Permission: In many cases post‑Brexit, permission of the court is required to serve in EU Member States and other countries unless a specific gateway applies. Grounds are set out in PD 6B para 3.1 (e.g., contract claims with an English governing law or formation/performance within the jurisdiction; tort claims where damage occurred within the jurisdiction).
• Mechanism: Service is typically effected through the Hague Service Convention, transmitting documents via designated authorities in the destination state. Times for acknowledgement/defence vary under PD 6B depending on the country.
• Period: The claim form must be served within six months of issue (CPR 7.5).

The court can also permit service in Scotland or Northern Ireland where it has power to determine the claim (CPR 6.32).

Dispensing with Service

The court has power to dispense with service of the claim form under CPR 6.16, but only in exceptional circumstances (e.g., where the defendant is deliberately evading service and other methods have failed). The application must be supported by evidence, and may be made without notice.

Consequences for Failing to Serve Correctly

Failing to serve the claim form within the required time results in the claim form expiring. The claimant would need to re‑issue. If limitation has passed, the claim may be time‑barred. Defective service may also lead to strike‑out or set‑aside of default judgment. Extensions after expiry are limited to narrow circumstances; do not assume relief will be granted.

Key Term: certificate of service
Evidence filed by the serving party to confirm when, how, and where service was effected. Filing is essential to prove valid service, especially where the court did not serve the documents.

Serving Addresses: Practical Points

• Check the most recent Companies House record for registered offices and names.
• For LLPs and partnerships, consider whether service on the principal office or place of business has a real connection with the claim.
• Confirm in writing if a solicitor (or legal service provider) accepts service, and capture any agreed electronic address for service.
• Keep proof of posting, DX receipts, or process server affidavits to support deemed service calculations.

Worked Example 1.7

You served by first class post on Wednesday. When will the AoS deadline expire for the defendant?

Answer:
The claim form is deemed served on the second business day after posting—Friday (assuming no bank holidays). The defendant has 14 days from deemed service to file an acknowledgment of service or defence. Filing an acknowledgment extends the defence deadline to 28 days after deemed service (subject to agreed extensions or court orders).

Serving Particulars of Claim​ Separately

If not included with the claim form:

• Serve within 14 days after service of the claim form and within the overall service period.
• Ensure the claim form states the particulars “to follow”.
• Where the claimant serves, file a certificate of service to avoid disputes about validity.

If the claim form is served late or not at all, the claim is usually struck out unless relief from sanctions is granted (exceptional). The safest approach is to diary the four‑month deadline and serve early or apply in good time to extend.

Worked Example 1.8

You served the claim form by DX on Monday. The particulars of claim were served by first class post on the following Friday. Are both valid and what are the deemed service dates?

Answer:
DX service is deemed on the second business day after collection/receipt by the relevant service provider—Wednesday. First class post is deemed on the second business day after posting—Tuesday of the following week. Both methods are valid, and each deemed date runs its respective response timetable.

Selecting Method and Place of Service: Strategy

Where the defendant is a company or LLP with multiple locations, service at the registered office is safe. For individuals, last known residence is permitted after reasonable steps to verify current address. When time is short, personal service via a process server can avoid postal delays and disputes. If electronic service is agreed, confirm the address and consent expressly to avoid challenges.

Worked Example 1.9

A defendant’s solicitor’s letterhead lists an e‑mail address. You serve the claim form to that address. The solicitor later argues they did not agree to accept service by e‑mail. What is the position?

Answer:
Listing an e‑mail address is not, by itself, agreement to accept service electronically. Without express written indication that they will accept service by e‑mail (and confirmation of the address for service), service by e‑mail is invalid. Seek alternative service or re‑serve using a permitted method and address.

Pre‑action Considerations and ADR

Pre‑action protocols require sending a compliant letter of claim and allowing time for response and early disclosure. Parties should consider ADR; courts can stay proceedings to facilitate settlement (CPR 26.4) and may impose costs sanctions for failures to engage proportionately. Where limitation looms, it is acceptable to issue protectively and continue to explore settlement during the service window, but do not allow the four/six‑month service period to expire.

Potential Transfers and Specialist Courts

After issue, claims may be transferred to ensure they are managed by an appropriate court and judge under CPR Part 30. Particular categories may be allocated to specialist courts within the Business and Property Courts, such as the Technology and Construction Court, Commercial Court, or the Intellectual Property Enterprise Court, each with tailored practices.

Practical Checklist When Serving

• Confirm the service deadline (four months in the jurisdiction; six months out).
• Choose a permitted method and correct address for service.
• For e‑service, obtain express written consent.
• Calculate deemed service carefully using business days and the 4.30 p.m. cut‑off where applicable.
• File a certificate of service promptly and retain proof of service.
• Where difficulties arise, apply early for an extension, alternative service, or directions.

Key Point Checklist

This article has covered the following key knowledge points:

• Jurisdiction for civil claims is primarily determined by value, complexity, and subject matter; specialist High Court lists may be appropriate.
• The claim form must be completed accurately and issued at the correct court; party names and full addresses (including postcodes) are required.
• There is a strict four‑month time limit for serving the claim form (six months out of the jurisdiction); apply early to extend if needed.
• Permitted methods of service include personal service, post, DX, electronic means (with express agreement), or as authorised by the court.
• The address for service must match the defendant’s status and comply with CPR rules; solicitors must expressly agree to accept service.
• Deemed service dates govern when service is treated as effective and drive response and defence deadlines.
• Alternative service (CPR 6.15) and dispensing with service (CPR 6.16) are available in limited circumstances; evidence is essential.
• Serve particulars of claim within 14 days after the claim form and within the overall service window; file a certificate of service.
• Defects in service or failure to serve within time can invalidate proceedings and risk missing the limitation period; remedies are limited.

Key Terms and Concepts

• jurisdiction
• claim form
• service
• deemed service
• limitation period
• alternative service
• certificate of service