Service of Documents Under the CPR – Why Proper Service Matters in Civil Litigation

Proper service of documents is one of the most important procedural steps in civil litigation in England and Wales. It ensures that all parties are properly notified, deadlines run correctly, and the case progresses fairly. The rules for service are governed by Civil Procedure Rules (CPR) Part 6, and strict compliance is essential for any party involved in a dispute.

1. Service of the Claim Form

Under CPR 6.6, a claim form must be served within the jurisdiction unless another rule applies. The claimant must include a complete and valid address for service, including a full postcode.

A claim form served within the UK is deemed served on the second business day after posting (CPR 6.14). This date is crucial because it triggers the defendant’s deadlines for filing an Acknowledgment of Service or Defence.

2. Service of Other Legal Documents

After the claim form is served, other key documents—such as the Particulars of Claim, witness statements, expert reports and applications—must be served in accordance with CPR Part 6, Section III. Permitted methods under CPR 6.20 include:

  • Personal service
  • Leaving the document at a permitted address
  • First-class post or DX
  • Any method authorised by the court

Each party must provide and maintain an up-to-date UK address for service (CPR 6.23–6.24).

Under CPR 6.26, most posted or DX documents are deemed served on the second business day after posting. Personal service before 4:30 pm counts as service on the same day.

3. Case Example: NRL v KBL – The Risks of Incorrect Service

In one of our recent cases, NRL v KBL (Sheffield County Court), a Part 8 claim was issued using the defendant’s HM Land Registry address but mistakenly named the wrong legal entity. The defendant challenged jurisdiction under CPR 11, arguing that service was defective under CPR 6.9.

We successfully applied for:

  • Relief from sanctions under CPR 3.9
  • Permission to amend the claim under CPR 17
  • Reliance on the Denton three-stage test

The court held that effective service had been achieved because the defendant’s solicitors had acknowledged receipt. Relief and permission to amend were granted.

It is important to always verify the correct legal entity and address for service and keep clear evidence of delivery or acknowledgment.

4. Alternative and Substituted Service

Where usual service methods are impossible or impracticable, a party may apply for alternative service under CPR 6.15. This could include service by email, social media, or another method the court considers appropriate. A formal application with supporting evidence is required.

5. Service Outside the UK

When defendants are based abroad, service must comply with CPR Part 6, Section IV (Rules 6.30–6.47). These rules incorporate the Hague Service Convention and often require:

  • Translations
  • Certificates of service
  • Compliance with local procedural rules

Incorrect international service can cause significant delays or lead to proceedings being set aside.

6. Why Correct Service of Documents Is Essential

Failure to comply with the CPR rules on service can result in:

  • Claims being struck out
  • Default judgments being set aside
  • Loss of procedural advantage
  • Cost penalties
  • Missed limitation periods

To avoid these issues, litigants must:

  • Use the correct method of service
  • Record and retain evidence of service
  • Calculate deemed service dates accurately
  • Apply for alternative service where necessary
  • Serve documents well within validity periods
How KTS Legal Can Help

As a specialist commercial litigation law firm, KTS Legal ensures that all service requirements under CPR Part 6 are handled correctly from start to finish. Our litigation solicitors help clients avoid procedural mistakes, reduce the risk of costly delays, and protect their position throughout the dispute.