Part 8 – How to serve claim forms and documents
June 2014
This part explains the procedures the official receiver should follow when serving claim forms and documents on a company director, bankrupt or third party both within and outside of the insolvency proceedings.
19.130 Insolvency proceedings and CPR claim forms
In terms of the CPR some routine applications made to the court by the official receiver, for example public and private examinations, suspensions of discharge, charging orders and income payments orders, are considered as claim forms [Note 1].
19.131 Service of a claim form – within jurisdiction
A claim form generally must be served within the jurisdiction [Note 2]. There are some exceptions to this rule, for example where a business address of a solicitor has been provided for service, or where a contract contains specific terms regarding service in the event that a claim is started in relation to that contract [Note 3]. Information on the service of documents outside of the jurisdiction is contained in paragraphs 19.142 to 19.148.
19.132 Service of claim form – address provided by the defendant
Except where personal service is specified (see paragraph 19.113), or a solicitor’s business address has been granted for service (see paragraph 19.133), the defendant may be served with the claim form at an address within the jurisdiction the defendant has given for the purpose of being served [Note 4].
19.133 Service of claim form – no address provided
Where the defendant does not provide an address at which he/she may be served, and personal service or service on a solicitor do not apply, the claim form must be served on the defendant at the place indicated in the following table [Note 5]:
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Nature of defendant to be served
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Place of service |
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Individual
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Individual being sued in the name of a business |
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Individual being sued in the business name of a partnership |
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Limited liability partnership |
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Corporation (other than a company) incorporated in England and Wales |
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Company registered in England and Wales |
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Any other company or corporation |
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19.134 Service of claim form – change of address
When effecting service on an individual (see table in paragraph 19.133) and the claimant has reason to believe the individual no longer resides or carries on business at that address he/she must take reasonable steps to find the individual’s current residential or business address [Note 6]. Where a current address can be ascertained the documents must be served at that address. If the current address cannot be found, consideration should be given as to whether there is an alternative place where the application may be served, or whether service can be effected by an alternative method (see paragraph 19.122) [Note 7].
19.135 Deemed service of a claim form
A claim form (or an application which is to be treated as a claim form) is deemed to have been served on the second business day after completion of the relevant event in the following table [Note 8]:
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Method of service
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Steps required |
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First class post, document exchange (DX), or other service which provides for delivery on the next business day |
Posting, leaving with, delivering to or collection by the relevant service provider
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Delivery of the document to or leaving it at the relevant place |
Delivering to or leaving the document at the relevant place
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Personal service under rule 6.5 |
Completing the relevant steps required (see paragraph 19.111)
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Fax |
Completing the transmission of the fax |
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Other electronic method |
Sending the email or other electronic transmission |
19.136 Certificate of service of a claim form
When serving a claim form, the claimant must file a certificate of service within 21 days of service of the claim form, unless all of the defendants to the proceedings have filed acknowledgments of service within that time [Note 9]. The certificate of service must state the category of address at which the claimant believes the claim form has been served (for example solicitor’s business address, usual or last known residence, usual or last known place of business) together with the details shown in the following table [Note 10]:
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Method of service |
Details to be certified
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Personal service |
Date of personal service
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First class post, DX or other service which provides for delivery on the next business day |
Date of posting, or leaving with, delivering to or collection by the relevant service provider
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Delivery of a document to or leaving at a permitted place |
Date when document delivered to or left at the permitted place
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Fax |
Date of completion of the transmission
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Other electronic means |
Date of sending the email or electronic transmission
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Alternative method or place permitted by the court
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As required by the court |
19.137 Service of non-claim form documents
There are slightly different rules for the service of notices and other court documents which are not considered claim forms. 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 unless the court orders otherwise [Note 11]. The address for service must be a business address (within the United Kingdom or other EEA state), a solicitor acting for the party to be served, his/her residential or business address within the United Kingdom or an address where service can be effected [Note 12].
19.138 Serving a non-claim form document on a party
Any document must be sent, transmitted to, or left at the party’s address for service unless personal service is required or the court orders otherwise [Note 13].
19.139 Deemed service of a non-claim form document
A non-claim form document is deemed to have been served on the day shown in the following table [Note 14]:
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Method of service
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Deemed date of service |
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First class post, document exchange (DX), or other service which provides for delivery on the next business day |
The second day after posting, leaving with, delivering to or collection by the relevant service provider, if a business day
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Delivery of the document to or leaving it at the relevant place |
If delivered or left before 4.30pm, on a business day on that date If after 4,30pm the next business day after being left or delivered
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Personal service under rule 6.5 |
If personally served before 4.30pm, on a business day on that date If after 4,30pm the next business day after being left or delivered
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Fax |
If the transmission of the fax was completed before 4.30pm, that date if a business day. If after 4,30pm the next business day after service |
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Other electronic method |
If the e-mail or other electronic transmission was sent before 4.30pm, that date if a business day. If after 4,30pm the next business day after being sent or transmitted |
Various examples of when documents other than a claim form are deemed served are shown in CPR Practice direction 6A – Service within the United Kingdom, paragraphs 10.1 to 10.7.
19.140 Serving a non-claim form document in insolvency proceedings
An application made by the official receiver in insolvency proceedings will not normally be by claim form (see paragraph 19.105) although it may be treated as such by the CPR (see paragraph 19.130). Where the insolvent has not provided an address for service the guidance in paragraph 19.133 should be followed for the service of all related court documents.
19.141 Certificate of service of a non-claim document
Where the CPR, the Insolvency Act 1986 or the Insolvency Rules 1986 require a certificate of service for a notice or document other than a claim form, the certificate must state the details required by the following table [Note 15]:
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Method of service
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Details to be certified |
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Personal service |
Date and time of personal service
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First class post, DX or other service which provides for delivery on the next business day |
Date of posting, or leaving with, delivering to or collection by the relevant service provider
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Delivery of a document to or leaving at a permitted place |
Date and time when the document delivered or left at the permitted place
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Fax |
Date and time of completion of the transmission
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Other electronic means |
Date and time of sending the email or other electronic transmission
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Alternative method or place permitted by the court
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As required by the court |
19.142 Service outside jurisdiction – general
The CPR defines the jurisdiction as within England and Wales (see paragraph 19.104). Within insolvency proceedings Part 6 of the Civil Procedure Rules 1998 relating to service outside the jurisdiction apply with such modifications as the court may direct [Note 16].
19.143 Service outside jurisdiction – permission of court
Under Part 6 of the Civil Procedure Rules 1998 permission of the court is generally required to serve a claim form or other document outside of the jurisdiction [Note 17]. There are a number of exceptions to this rule one of which relate specifically to insolvency proceedings. The official receiver, when acting as liquidator for a company that has its COMI (see paragraph 41.62) within the EU (see paragraph 41.6), may serve a document on a person within the EU without the permission of the court [Note 18].
In all other cases, the official receiver (whether acting as trustee, liquidator, receiver and manager or official receiver) will need the permission of the court to serve the document (see paragraph 19.144).
19.144 Service outside jurisdiction – Scotland and Northern Ireland
The court’s permission is required to serve a claim form in Scotland and Northern Ireland. The court in considering the application will compare the costs of the proceedings and the powers and jurisdiction of the respective courts [Note 19]. Further permission to serve documents other than the claim form is not required if the defendant has given an address for service in Scotland or Northern Ireland [Note 20].
19.145 Application for permission to serve outside jurisdiction
An application to court for permission to serve outside the jurisdiction must set out:
The court will only give permission if it is satisfied that England and Wales is the proper place in which to bring the claim or make the application [Note 22]. In insolvency proceedings it is anticipated that the making of the insolvency order will be sufficient grounds to satisfy the court. A precedent application for an official receiver’s application for permission to serve outside the jurisdiction is available in Annex D.
19.146 Permission granted to service outside jurisdiction
Where the court gives permission for the document(s) to be served outside the jurisdiction, it will specify the grounds within which the defendant may (where appropriate):
19.147 Permission granted – directions as to method service
The court may at the same time as granting permission to serve outside of the jurisdiction give directions as to the method of service to be used (see paragraphs 19.148 to 19.152). The court may also grant permission for other documents in the proceedings to be served outside of the jurisdiction [Note 24].
19.148 Method of service outside jurisdiction but with the United Kingdom
Where a claim or other form of document is to be served on a party in Scotland or Northern Ireland it can be served by any of the methods permitted for a similar form of document within the jurisdiction, unless it is to be served personally or the court orders otherwise [Note 25]. For guidance on methods of service of a claim form or other court document within the jurisdiction see paragraph 19.109.
19.149 Legislation covering service outside the UK but within the EU
The rules covering service of claim forms and documents within the EU (with the exception of Denmark) are called the Service Regulation and are produced in an annex to Practice Direction 6B – Service out of the Jurisdiction of the CPR [Note 26]. As at April 2014 the current Service Regulation is EC Regulation 1393/2007.
19.150 Service outside the UK but within the EU via the High Court
To serve a claim form or document within the EU (but outside the UK) the official receiver must follow the relevant EC Regulation (see paragraph 19.149). Under that Regulation the UK may serve judicial documents by post on persons residing in another Member State by registered letter with acknowledgment of receipt [Note 27]. The High Court Foreign Process Section is responsible for service of claim forms and documents on persons residing in another EU state. Contact details can be found here.
19.151 How to effect service outside the UK but within the EU
The official receiver should send the claim form and/or documents for service to the Foreign Process Section of the High Court with an envelope for the Section’s use. The papers will be sealed by the court, placed in the envelope and returned to the official receiver. The official receiver will be asked to post the sealed envelope and track the delivery of the claim form or documents. The official receiver should use the Royal Mail international ‘signed for’ service, available here. The official receiver may be required to provide proof of service by the court which issued the original proceedings. This should be obtained from the Royal Mail website which tracks the delivery of the claim form or documents. Further advice on service in a particular case may be obtained directly from the Foreign Process Section.
19.152 Method of service outside the EU
Where a claim form or document is to be served on a party outside the EU (see paragraph 41.6 for a list of EU countries), it may be served in accordance with the various methods provided for in the relevant court rule [Note 28]. These methods of service may be complicated. Accordingly, the official receiver when making an application to court for permission to serve outside the jurisdiction (see paragraph 19.145) should provide as much detail as possible regarding the known whereabouts of the person on whom the document is to be served. The official receiver should ask the court for directions as to the method of service to be employed which will usually include the Royal Mail international ‘signed for’ service, available here.
19.153 When the official receiver should translate documents
It is not always necessary to provide a translation of claim forms documents. Where the intended recipient is known to understand written English, translation should be avoided on the grounds of cost. Where the recipient does not understand written English the official receiver should provide a translation (see Part 3 of Chapter 32 for further details).
[Back to Part 7 – Service of court documents] [On to Part 9 – Complying with time limits]