Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998 - continued

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Sanctions for non - payment of certain fees
     3.7  - (1) This rule applies where - 

(Rule 26.3 provides for the court to dispense with the need for an allocation questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a listing questionnaire)

    (2) The court will serve a notice on the claimant requiring payment of the fee which the relevant Fees Order specifies as being due - 

if, at the time the fee is due, the claimant has not paid the fee or made an application for exemption from or remission of the fee.

    (3) The notice will specify the date by which the claimant must pay the fee.

    (4) If the claimant does not - 

by the date specified in the notice - 

(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)

    (5) Where an application for exemption from or remission of a fee is refused, the court will serve notice on the claimant requiring payment of the fee by the date specified in the notice.

    (6) If the claimant does not pay the fee by the date specified in the notice - 

    (7) If - 

the relief shall be conditional on the claimant - 

Sanctions have effect unless defaulting party obtains relief
     3.8  - (1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.

(Rule 3.9 sets out the circumstances which the court may consider on an application to grant relief from a sanction)

    (2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

    (3) Where a rule, practice direction or court order - 

the time for doing the act in question may not be extended by agreement between the parties.

Relief from sanctions
     3.9  - (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including - 

    (2) An application for relief must be supported by evidence.

General power of the court to rectify matters where there has been an error of procedure
     3.10 Where there has been an error of procedure such as a failure to comply with a rule or practice direction - 



PART 4

FORMS

     4.  - (1) The forms set out in a practice direction shall be used in the cases to which they apply.

    (2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.

    (3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.

    (4) Where these Rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case.

    (5) Where the court or a party produces a form shown in a practice direction with the words "Royal Arms", the form must include a replica of the Royal Arms at the head of the first page.



PART 5

COURT DOCUMENTS




Contents of this Part
Scope of this Part Rule 5.1
Preparation of documents Rule 5.2
Signature of documents by mechanical means Rule 5.3
Supply of documents from court records Rule 5.4

Scope of this Part
     5.1 This Part contains general provisions about - 

    (a) documents used in court proceedings; and

    (b) the obligations of a court officer in relation to those documents.

Preparation of documents
     5.2  - (1) Where under these Rules, a document is to be prepared by the court, the document may be prepared by the party whose document it is, unless - 

    (2) Nothing in this rule shall require a court officer to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

Signature of documents by mechanical means
     5.3 Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.

Supply of documents from court records
     5.4  - (1) Any party to proceedings may be supplied from the records of the court with a copy of any document relating to those proceedings (including documents filed before the claim was commenced), provided that the party seeking the document - 

    (2) Any other person who pays the prescribed fee may, during office hours, search for, inspect and take a copy of the following documents, namely - 

    (3) An application for permission under paragraph (2)(c) may be made without notice.

    (4) This rule does not apply in relation to any proceedings in respect of which a practice direction makes different provision.



PART 6

SERVICE OF DOCUMENTS




Contents of this Part
I GENERAL RULES ABOUT SERVICE  
Part 6 rules about service apply generally Rule 6.1
Methods of service - general Rule 6.2
Who is to serve Rule 6.3
Personal service Rule 6.4
Address for service Rule 6.5
Service of documents on children and patients Rule 6.6
Deemed service Rule 6.7
Service by an alternative method Rule 6.8
Power of court to dispense with service Rule 6.9
Certificate of service Rule 6.10
Notice of non-service Rule 6.11
II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM  
General rules about service subject to special rules about service of claim form Rule 6.12
Service of claim form by the court - defendant's address for service Rule 6.13
Certificate of service relating to the claim form Rule 6.14
Service of claim form by contractually agreed method Rule 6.15
Service of claim form on agent of principal who is overseas Rule 6.16

I

GENERAL RULES ABOUT SERVICE

Part 6 rules about service apply generally
     6.1 The rules in this Part apply to the service of documents, except where - 

    (a) any other enactment, a rule in another Part, or a practice direction makes a different provision; or

    (b) the court orders otherwise.

(Other rules which deal with service include the following - 

    (a) service out of the jurisdiction - see RSC Order 11;

    (b) service on the Crown - see RSC Order 77 r.4 and CCR Order 42 r.7;

    (c) service in proceedings for the recovery of land and mortgage possession actions - see RSC Order 10 r.4 and CCR Order 7 rr.15 and15A.)

Methods of service - general
     6.2  - (1) A document may be served by any of the following methods - 

(Rule 6.8 provides for the court to permit service by an alternative method)

    (2) A company may be served by any method permitted under this Part as an alternative to the methods of service set out in - 

    (a) section 725 of the Companies Act 1985[8] (service by leaving a document at or posting it to an authorised place);

    (b) section 695 of that Act (service on oversea companies); and

    (c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).

Who is to serve
     6.3  - (1) The court will serve a document which it has issued or prepared except where - 

    (2) Where the court is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.2 is to be used.

    (3) Where a party prepares a document which is to be served by the court, that party must file a copy for the court, and for each party to be served.

Personal service
     6.4  - (1) A document to be served may be served personally, except as provided in paragraph (2).

    (2) Where a solicitor - 

a document must be served on the solicitor, unless personal service is required by an enactment, rule, practice direction or court order.

    (3) A document is served personally on an individual by leaving it with that individual.

    (4) A document is served personally on a company or other corporation by leaving it with a person holding a senior position within the company or corporation.

    (5) A document is served personally on a partnership where partners are being sued in the name of their firm by leaving it with - 

Address for service
     6.5  - (1) Except as provided by RSC Order 11 (service out of the jurisdiction) a document must be served within the jurisdiction.

    (2) A party must give an address for service within the jurisdiction.

    (3) Where a party - 

he must give his residence or place of business as his address for service.

    (4) Any document to be served - 

must be sent or transmitted to, or left at, the address for service given by the party to be served.

    (5) Where - 

the party's address for service is the business address of his solicitor.

(Rule 6.13 specifies when the business address of a defendant's solicitor may be the defendant's address for service in relation to the claim form)

    (6) Where - 

the document must be sent or transmitted to, or left at, the place shown in the following table.

(Rule 6.2(2) sets out the statutory methods of service on a company)

Nature of party to be served Place of service
Individual
  • Usual or last known residence.
    		•
    Proprietor of a business
  • Usual or last known residence; or
    		•
     
  • Place of business or last known place of business.
    		•
    Individual who is suing or being sued in the name of a firm
  • Usual or last known residence; or
    		•
     
  • Principal or last known place of business of the firm.
    		•
    Corporation incorporated in England and Wales other than a company
  • Principal office of the corporation; or
    		•
     
  • Any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
    		•
    Company registered in England and Wales
  • Principal office of the company; or
    		•
     
  • Any place of business of the company within the jurisdiction which has a real connection with the claim.
    		•
    Any other company or corporation
  • Any place within the jurisdiction where the corporation carries on its activities; or
    		•
     
  • Any place of business of the company within the jurisdiction.
    		•

        (7) This rule does not apply where an order made by the court under rule 6.8 (service by an alternative method) specifies where the document in question may be served.

    Service of documents on children and patients
             6.6  - (1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a patient - 

    Type of document Nature of party Person to be served
    Claim form Child who is not also a patient
  • One of the child's parents or guardians; or
    		•
       
  • if there is no parent or guardian, the person with whom the child resides or in whose care the child is.
    		•
    Claim form Patient
  • The person authorised under Part VII of the Mental Health Act 1983[9] to conduct the proceedings in the name of the patient or on his behalf; or
    		•
       
  • if there is no person so authorised, the person with whom the patient resides or in whose care the patient is.
    		•
    Application for an order appointing a litigation friend, where a child or patient has no litigation friend Child or patient See rule 21.8.
    Any other document Child or patient The litigation friend who is conducting proceedings on behalf of the child or patient.

        (2) The court may make an order permitting a document to be served on the child or patient, or on some person other than the person specified in the table in this rule.

        (3) An application for an order under paragraph (2) may be made without notice.

        (4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.

        (5) 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.

    (Part 21 contains rules about the appointment of a litigation friend)

    Deemed service
             6.7  - (1) A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table - 

    Method of service Deemed day of service
    First class post The second day after it was posted.
    Document exchange The second day after it was left at the document exchange.
    Delivering the document to or leaving it at a permitted address The day after it was delivered to or left at the permitted address.
    Fax
  • If it is transmitted on a business day before 4 p.m, on that day; or
    		•
     
  • in any other case, on the business day after the day on which it is transmitted.
    		•
    Other electronic method The second day after the day on which it is transmitted.

        (2) If a document (other than a claim form) is served after 5 p.m. on a business day, or at any time on a Saturday, Sunday or a bank holiday, the document shall be treated as having been served on the next business day.

        (3) In this rule - 

    Service by an alternative method
             6.8  - (1) Where it appears to the court that there is a good reason to authorise service by a method not permitted by these Rules, the court may make an order permitting service by an alternative method.

        (2) An application for an order permitting service by an alternative method - 

        (3) An order permitting service by an alternative method must specify - 

    Power of court to dispense with service
             6.9  - (1) The court may dispense with service of a document.

        (2) An application for an order to dispense with service may be made without notice.

    Certificate of service
             6.10 Where a rule, practice direction or court order requires a certificate of service, the certificate must state - 

    Notice of non-service
             6.11 Where - 

    the court must send a notice of non-service stating the method attempted to the party who requested service.

    II

    SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM

    General rules about service subject to special rules about service of claim form
             6.12 The general rules about service are subject to the special rules about service contained in rules 6.13 to 6.16.

    Service of claim form by the court - defendant's address for service
             6.13  - (1) Where a claim form is to be served by the court, the claim form must include the defendant's address for service.

        (2) For the purposes of paragraph (1), the defendant's address for service may be the business address of the defendant's solicitor if he is authorised to accept service on the defendant's behalf but not otherwise.

    (Rule 6.5 contains general provisions about the address for service)

    Certificate of service relating to the claim form
             6.14  - (1) Where a claim form is served by the court, the court must send the claimant a notice which will include the date when the claim form is deemed to be served under rule 6.7.

        (2) Where the claim form is served by the claimant - 

      (a) he must file a certificate of service within 7 days of service of the claim form; and

      (b) he may not obtain judgment in default under Part 12 unless he has filed the certificate of service.

    (Rule 6.10 specifies what a certificate of service must show)

    Service of the claim form by contractually agreed method
             6.15  - (1) Where - 

    the claim form shall, subject to paragraph (2), be deemed to be served on the defendant if it is served by a method specified in the contract.

        (2) Where the claim form is served out of the jurisdiction in accordance with the contract, it shall not be deemed to be served on the defendant unless - 

    Service of claim form on agent of principal who is overseas
             6.16  - (1) Where - 

    the court may, on an application only, permit a claim form relating to a contract to be served on a defendant's agent.

        (2) The court may not make an order under this rule unless it is satisfied that - 

        (3) An application under this rule - 

        (4) An order under this rule must state a period within which the defendant must respond to the particulars of claim.

    (Rule 9.2 sets out how a defendant may respond to particulars of claim)

        (5) The power conferred by this rule is additional to the power conferred by rule 6.8 (service by an alternative method).

        (6) Where the court makes an order under this rule, the claimant must send to the defendant copies of - 





    Notes


     [8] 1985 c.6.back

    [9] 1983 c.20.back


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