Rule 6.4 Who is to serve the claim formF1

(1)

F2The court will serve the claim form except where—

(a)

a rule or practice direction provides that the claimant must serve it;

(b)

the claimant notifies the court that the claimant wishes to serve it; or

(c)

the court orders or directs otherwise.

(2)

Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.

(3)

Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.

(4)

Where the court has sent—

(a)

a notification of outcome of postal service to the claimant in accordance with rule 6.18; or

(b)

a notification of non-service by a bailiff in accordance with rule 6.19,

the court will not try to serve the claim form again.

Annotations

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: Word in rule 6.4(1) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(6) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 6

Textual amendments

F2: Words in Pt. 6 Table of Contents 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(2)(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)
F3: Words in Pt. 6 Table of Contents substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(ii)
F4: Words in Pt. 6 Table of Contents 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(2)(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)
F5: Words in Pt. 6 Table of Contents 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(2)(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)
F6: Words in Pt. 6 Table of Contents inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(iii)
F7: Words in Pt. 6 Table of Contents 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(2)(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)
F8: Words in Pt. 6 Table of Contents inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(v)
F9: Words in Pt. 6 Table of Contents 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(2)(d) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1: Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)
C2: Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122
C3: Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263
C4: Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262
C5: Pt. 6 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 234-238 (with rule 5)
C6: Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 168 (with rules 3, 208)
C7: Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 171 (with rules 3, 208)
C8: Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 172 (with rules 3, 210)
C9: Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 170(1) (with rules 3, 210)
C10: Pt. 6 applied (with modifications) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1 (with rule 3(3), Sch. 2)
C11: Pt. 6 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rule 1, Sch. 2 para. 1 (with rule 1.2)
C12: Pt. 6 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 170(5) (with rules 4(1), 156)
C13: Pt. 6 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 196-200 (with rule 5)
C14: Pt. 6 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 158 (with rule 2)

Notes on II SERVICE OF THE CLAIM FORM IN THE JURISDICTION ...

Textual amendments

F2: Words in Pt. 6 Section 2 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(4) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)