We are continuing our series on Civil Procedure Rules, highlighting some of the little known but common rules and hopefully explaining them in plain English.
The next rule we will be looking at is Rule 6.11 – Service of a claim form.
The rule says:
(1) Where –
(a) a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and
(b) a claim solely in respect of that contract is started,
the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.
What does this mean?
The rules set out certain methods and certain places where a Claim Form can be served. However, in a case where a contract between the parties provides for a different method or different place; and the claim being made is in respect of the contract, the claim form can be served at the place or using the method in the contract.
Therefore, if you are arranging for a contract to be drafted and there is a dispute that arises out of the contract, it is certainly a good idea to include a clause in the contract regarding the place and method of service of any claim. This may prevent difficulties later when it comes to service.
You can find the full Civil Procedure Rules online (currently) at https://www.justice.gov.uk/courts/procedure-rules/civil/rules
Any questions or support with the above please email us at: philip@whitecollarlegalandadmin.com or phone 0151 230 8931.