The Civil Procedure Rules 1998

[F1 III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM F2 ... E+W

Textual Amendments

F1 Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1

F2 Words in Pt. 6 Section 3 heading omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(11) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Methods of service E+W

6.20.— (1) [F3 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 [F4 Practice Direction 6A];

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

(d) fax or other means of electronic communication in accordance with [F5 Practice Direction 6A]; 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 [F6 permitted under] 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 [F7 permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.]

Textual Amendments

F3 Word in rule 6.20(1) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(12) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in rule 6.20(1)(b) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(b)(i)

F5 Words in rule 6.20(1)(d) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(b)(i)

F6 Words in rule 6.20(2)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 3(b)(i)

F7 Words in rule 6.20(3)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 3(b)(ii)

Who is to serve E+W

6.21.— (1) [F8 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.

Textual Amendments

F8 Word in rule 6.21(1) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(13) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Personal service E+W

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 6.23F9 ...; 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).

[F10 (For service out of the jurisdiction see rules 6.40 to 6.47.)]

Textual Amendments

F9 Word in rule 6.22(2)(a) omitted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(n)(i)

F10 Words in rule 6.22 inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(n)(ii)

Address for service [F11 to be given after proceedings are started] E+W

6.23.— (1) [F12 Unless the court orders otherwise, 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 F13 ...F14 ....

F15 ...

[F16 (2) Except where any other rule [F17 , practice direction or order] makes different provision, a party’s address for service must be—

(a) the business address F18 ... within the United Kingdom F18 ... of a solicitor acting for the party to be served; or

F19 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where there is no solicitor acting for the party F20 ...—

(i) an address within the United Kingdom at which the party resides or carries on business; F21 ...

F22 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(For Production Centre Claims see paragraph 2.3(7) [F23 and (7A)] of Practice Direction [F24 7B]; for Money Claims Online see [F25 paragraph 4(3A) and (6)] of Practice Direction [F26 7C]; and for Possession Claims Online see [F27 paragraph 5.1(3A) and (4)] of Practice Direction 55B.)]

(3) Where [F28 none of sub-paragraphs (2)(a) F29 ... or (c) applies], [F30 unless the court orders otherwise] 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) [F31 Subject to the provisions of Section IV of this Part (where applicable), 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 [F32 Practice Direction 6A], 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 [F33 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.

(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.

[F34 (For service out of the jurisdiction see rules 6.40 to 6.47.)]

Textual Amendments

F11 Words in rule 6.23 heading inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(o)(i)

F12 Words in rule 6.23(1) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(3)(a)(i)

F13 Words in rule 6.23(1) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in rule 6.23(1) omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(3)(a)(ii)

F15 Words in rule 6.23 omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 6(3)

F16 Rule 6.23(2) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(o)(iii)

F17 Words in rule 6.23(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(3)(b)(i)

F18 Words in rule 6.23(2)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(b)(i) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Rule 6.23(2)(b) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(b)(ii) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in rule 6.23(2)(c) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(b)(iii)(aa) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Word in rule 6.23(2)(c)(i) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(b)(iii)(bb) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Rule 6.23(2)(c)(ii) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(b)(iii)(cc) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in rule 6.23(2) inserted (1.9.2011) by The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(2), 3(c)(i)

F24 Word in rule 6.23(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(3)(b)(ii)(aa)

F25 Words in rule 6.23(2) substituted (1.9.2011) by The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(2), 3(c)(ii)

F26 Word in rule 6.23(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(3)(b)(ii)(bb)

F27 Words in rule 6.23(2) substituted (1.9.2011) by The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(2), 3(c)(iii)

F28 Words in rule 6.23(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(o)(iv)

F29 Word in rule 6.23(3) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(14)(c) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in rule 6.23(3) inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(3)(c)

F31 Words in rule 6.23(4) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(o)(v)

F32 Words in rule 6.23(5) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(b)(i)

F33 Words in rule 6.23(6) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(b)(i)

F34 Words in rule 6.23 inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(o)(vi)

Change of address for service E+W

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.

Service on children and protected parties E+W

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.

Deemed Service E+W

6.26.   A document, other than a claim form [F35 within the United Kingdom], served in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table—

Method of service	Deemed date of service
1. First class post (or other service which provides for delivery on the next business day)	The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
2. Document exchange	The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
3. Delivering the document to or leaving it at a permitted address	If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.
4. Fax	If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted.
5. Other electronic method	If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.
6. Personal service	If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.

(Paragraphs 10.1 to 10.7 of [F36 Practice Direction 6A] contain examples of how the date of deemed service is calculated.)

Textual Amendments

F35 Words in rule 6.26 inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(p)

F36 Words in rule 6.26 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(b)(ii)

Service by an alternative method or at an alternative place E+W

6.27.   Rule 6.15 applies to any document in the proceedings as it applies to a claim form and reference to the defendant in that rule is modified accordingly.

Power to dispense with service E+W

6.28.— (1) The court may dispense with service of any document which is to be served in the proceedings.

(2) An application for an order to dispense with service must be supported by evidence and may be made without notice.

Certificate of service E+W

6.29.   Where a rule, practice direction or court order requires a certificate of service, the certificate must state the details required by the following table—

Method of Service	Details to be certified
1. Personal service 2. First class post, document exchange or other service which provides for delivery on the next business day	Date and time of personal service. 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 and time of when the document was delivered to or left at the permitted place.
4. Fax	Date and time of completion of the transmission.
5. Other electronic method	Date and time of sending the e-mail or other electronic transmission.
6. Alternative method or place permitted by the court	As required by the court.]