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 6.7 – Service of a claim form.
The rule says:
(1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where-
(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
the claim form must be served at the business address of that solicitor.
What does this mean?
Where a Claim Form is served is one of the most common problems that Claimants come up against. In fact, even solicitors get this wrong. The result of getting service of a Claim Form wrong is that the claim never gets off the ground. In some cases, where there is a time limit to start a claim, failing to serve the claim form properly could mean you lose the right to bring the claim.
This rule sets out the requirement that the claim form must be served on the Defendant’s Solicitor (and cannot be served directly on the Defendant – except in certain circumstances) where either 1 of the conditions are met.
Condition (a) – the Defendant has given (in writing) to the Claimant a business address within England and Wales, of a solicitor who is prepared to receive the claim form on behalf of the Defendant.
Condition (b) – a solicitor acting for the Defendant, has notified the Claimant (in writing) that they have been instructed by the Defendant to accept service on behalf of the Defendant.
So, if either one of the conditions are met, the Claim Form must (except in certain circumstances) be served on the Defendant’s Solicitors. If not, then service is not valid.
The Supreme Court in the case of Barton v Wright Hassell has ratified this rule also stating that it applies to those parties who are unrepresented. In that case, Mr Barton received an email from Berrymans Lace Mawer (“BLM”) (solicitors for the Defendant) saying “I will await service of the Claim Form..” However, the email did not say they had been instructed to accept service of the claim form. Mr Barton sent the Claim Form to BLM (by email). Service of the Claim Form was held to be invalid.
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.