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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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Made: 10th December 1998

Laid before Parliament: 17th December 1998

Coming into force: 26th April 1999

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[^f00001] to make rules of court under section 1 of that Act, make the following rules which may be cited as the Civil Procedure Rules 1998—

PART 1 — OVERRIDING OBJECTIVE

The overriding objective	Rule 1.1
Application by the court of the overriding objective	Rule 1.2
Duty of the parties	Rule 1.3
Court’s duty to manage cases	Rule 1.4
The Welsh language	Rule 1.5
Participation of vulnerable parties or witnesses	Rule 1.6

The overriding objective

1.1

(1) These Rules are a ... procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable—

(a) ensuring that the parties are on an equal footing and can participate fully in proceedings, and that parties and witnesses can give their best evidence;

(b) saving expense;

(i) to the amount of money involved;

(ii) to the importance of the case;

(iii) to the complexity of the issues; and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly; ...

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; ...

(f) promoting or using alternative dispute resolution;

(g) enforcing compliance with rules, practice directions and orders.

Application by the court of the overriding objective

1.2

The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by the Rules; or

(b) interprets any rule , subject to rules 76.2, 79.2 , 80.2 , 82.2 and 88.2.

Duty of the parties

1.3

The parties are required to help the court to further the overriding objective.

Court’s duty to manage cases

1.4

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes —

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;

(b) identifying the issues at an early stage;

(d) deciding the order in which issues are to be resolved;

(e) ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution;

(f) helping the parties to settle the whole or part of the case;

(g) fixing timetables or otherwise controlling the progress of the case;

(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(i) dealing with as many aspects of the case as it can on the same occasion;

(j) dealing with the case without the parties needing to attend at court;

(k) making use of technology; and

(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.

PART 2 — APPLICATION AND INTERPRETATION OF THE RULES

Application of the Rules	Rule 2.1
The glossary	Rule 2.2
Interpretation	Rule 2.3
Power to perform an act of the court	Rule 2.4
. . .	. . .
Court staff	Rule 2.5
Court documents to be sealed	Rule 2.6
Court’s discretion as to where it deals with cases	Rule 2.7
Time	Rule 2.8
Dates for compliance to be calendar dates and to include time of day	Rule 2.9
Meaning of “month” in judgments, etc.	Rule 2.10
Time limits may be varied by parties	Rule 2.11

Application of the Rules

2.1

(1) Subject to paragraph (2), these Rules apply to all proceedings in—

(a) the County Court;

(b) the High Court; and

(2) These Rules do not apply to proceedings of the kinds specified in the first column of the following Table (proceedings for which rules may be made under the enactments specified in the second column) except to the extent that they are applied to those proceedings by another enactment—

Proceedings	Enactments
1Insolvency proceedings	Insolvency Act 1986[^f00002], ss.411 and 412
2Non-contentious or common form probate proceedings	Supreme Court Act 1981[^f00003], s.127
3Proceedings in the High Court when acting as a Prize Court	Prize Courts Act 1894[^f00004], s.3
4 Proceedings before the Court of Protection	Mental Capacity Act 2005, s.51
5Family proceedings	Courts Act 2003, s.75
6Adoption proceedings	... or Adoption and Children Act 2002, s.141 or Courts Act 2003, s.75
7 Election petitions in the High Court	Representation of the People Act 1983, s.182

(3) These Rules apply to proceedings under—

(a) the Companies Act 1985[^f00003];

(b) the Companies Act 2006; and

subject to the provisions of the relevant practice direction which applies to those proceedings.

The glossary

2.2

(1) The glossary at the end of these Rules is a guide to the meaning of certain legal expressions used in the Rules, but is not to be taken as giving those expressions any meaning in the Rules which they do not have in the law generally.

(2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by “(GL)”.

(3) The words ‘counterclaim’, ‘damages’, ‘practice form’ and ‘service’, which appear frequently in the Rules, are included in the glossary but are not followed by “(GL)”.

Interpretation

2.3

(1) In these Rules—

“child” has the meaning given by rule 21.1(2);

“civil restraint order” means an order restraining a party—from making any further applications in current proceedings (a limited civil restraint order);from issuing certain claims or making certain applications in specified courts (an extended civil restraint order); orfrom issuing any claim or making any application in specified courts (a general civil restraint order).

“claim for personal injuries” means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

“claimant” means a person who makes a claim;

“CCR” is to be interpreted in accordance with Part 50;

“court officer” means a member of the court staff;

“defendant” means a person against whom a claim is made;

“defendant’s home court” means— if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice; ...

“filing” means delivering a document or information, by post or otherwise, to the court office;

“judge” includes, unless the context otherwise requires, a Master, Admiralty Registrar, Insolvency and Companies Court Judge (“ICC Judge”) or District Judge or a person authorised to act as such;

‘judge of the County Court’ has the meaning given in section 5 of the County Courts Act 1984;

“jurisdiction” means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;

“legal representative” means a— barrister;solicitor;solicitor’s employee;manager of a body recognised under section 9 of the Administration of Justice Act 1985; orperson who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),who has been instructed to act for a party in relation to proceedings;

“litigation friend” has the meaning given by Part 21;

“MyHMCTS” means the online case management tool managed by His Majesty’s Courts and Tribunals Service;

‘preferred hearing centre’ means, if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary;

“protected party” has the meaning given by rule 21.1(2);

“RSC” is to be interpreted in accordance with Part 50;

“statement of case”—means a claim form, particulars of claim where these are not included in a claim form, defence, counterclaim or other additional claim, or reply to defence; andincludes any further information given in relation to them voluntarily or by court order under rule 18.1;

“statement of value” is to be interpreted in accordance with rule 16.3;

“summary judgment” is to be interpreted in accordance with Part 24;

“tape recorded” includes (as do references to tape recording and tape recorders) recording by the use or means of any other instrument or device.

(1A) Unless the contrary is indicated, a definition that applies to a Part of these Rules applies also to a practice direction supplementing that Part.

(2) A reference to a “specialist list” is a reference to a list(GL)that has been designated as such by a rule or practice direction.

(3) Where the context requires, a reference to “the court” means a reference to the County Court, a District Registry, or the Royal Courts of Justice.

Power of judge, Master or District Judge to perform functions of the court

2.4

(1) Where these Rules provide for the court to perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed—

(a) in relation to proceedings in the High Court, by any judge of that Court, including a Master, Admiralty Registrar, ICC Judge or District Judge; and

(b) in relation to proceedings in the County Court, by any judge of the County Court.

(2) A legal adviser, defined in paragraph 1.2(b) of Practice Direction 2E, may exercise the jurisdiction of the County Court specified in, and subject to, that Practice Direction.

Court staff

2.5

(1) Where these Rules require or permit the court to perform an act of a formal or administrative character, that act may be performed by a court officer.

(2) A requirement that a court officer carry out any act at the request of a party is subject to the payment of any fee required by a Fees Order for the carrying out of that act.

Court documents to be sealed

2.6

(1) The court must seal(GL) the following documents on issue—

(a) the claim form; and

(b) any other document which a rule or practice direction requires it to seal.

(2) The court may place the seal on the document by hand, by printing or electronically.

(3) A document appearing to bear the court’s seal(GL) shall be admissible in evidence without further proof.

Court’s discretion as to where it deals with cases

2.7

The court may deal with a case at any place that it considers appropriate.

Time

2.8

(1) This rule shows how to calculate any period of time for doing any act which is specified—

(a) by these Rules;

(b) by a practice direction; or

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule “clear days” means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

Dates for compliance to be calendar dates and to include time of day

2.9

(1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable—

(a) be expressed as a calendar date; and

(b) include the time of day by which the act must be done.

(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

Meaning of “month” in judgments, etc.

2.10

Where “month” occurs in any judgment, order, direction or other document, it means a calendar month.

Time limits may be varied by parties

2.11

Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

PART 3 — THE COURT'S CASE AND COSTS MANAGEMENT POWERS

SECTION I – CASE MANAGEMENT
The court’s general powers of management	Rule 3.1
Case management – unrepresented parties	Rule 3.1A
Court officer’s power to refer to a judge	Rule 3.2
Court’s power to make order of its own initiative	Rule 3.3
Power to strike out a statement of case	Rule 3.4
Judgment without trial after striking out	Rule 3.5
Judgment without trial after striking out a claim in the Civil National Business Centre	Rule 3.5A
Setting aside judgment entered after striking out	Rule 3.6
Sanctions for non-payment of certain fees by the claimant	Rule 3.7
Sanctions for non-payment of the trial fee by the claimant	Rule 3.7A1
Sanctions for non-payment of certain fees by the defendant	Rule 3.7A
Sanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim alone	Rule 3.7AA
Sanctions for dishonouring cheque	Rule 3.7B
Sanctions have effect unless defaulting party obtains relief	Rule 3.8
Relief from sanctions	Rule 3.9
General power of the court to rectify matters where there has been an error of procedure	Rule 3.10
Orders restraining civil proceedings	Rule 3.11

SECTION II – COSTS MANAGEMENT
Application of this Section and the purpose of costs management	Rule 3.12
Filing and exchanging budgets and budget discussion reports	Rule 3.13
Failure to file a budget	Rule 3.14
Costs management orders	Rule 3.15
Costs management conferences	Rule 3.16
Court to have regard to budgets and to take account of costs	Rule 3.17
Assessing costs on the standard basis where a costs management order has been made	Rule 3.18
SECTION III – COSTS CAPPING
Costs capping orders - General	Rule 3.19
Application for a costs capping order	Rule 3.20
Application to vary a costs capping order	Rule 3.21

The court’s general powers of management

3.1

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may —

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b) adjourn or bring forward a hearing;

(d) require a party or a party’s legal representative to attend the court;

(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(f) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

(g) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(h) consolidate proceedings;

(i) try two or more claims on the same occasion;

(j) direct a separate trial of any issue;

(k) decide the order in which issues are to be tried;

(l) exclude an issue from consideration;

(m) dismiss or give judgment on a claim after a decision on a preliminary issue;

(n) order any party to file and exchange a costs budget;

(o) order the parties to engage in alternative dispute resolution; and

(p) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective , including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case.

(3) When the court makes an order, it may —

(a) make it subject to conditions, including a condition to pay a sum of money into court; and

(b) specify the consequence of failure to comply with the order or a condition.

(3A) Where the court has made a direction in accordance with paragraph (2)(c) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.

(4) Where the court gives directions it will take into account whether or not a party has complied with the Practice Direction (Pre-Action Conduct) and any relevant pre-action protocol(GL).

(5) The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

(6) When exercising its power under paragraph (5) the court must have regard to—

(a) the amount in dispute; and

(b) the costs which the parties have incurred or which they may incur.

(6A) Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings ....

...

(7) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

(8) The court may contact the parties from time to time in order to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.

Court officer’s power to refer to a judge

3.2

Where a step is to be taken by a court officer—

(a) the court officer may consult a judge before taking that step;

(b) the step may be taken by a judge instead of the court officer.

Court’s power to make order of its own initiative

3.3

(1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court—

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; ...

(d) that, in the case of a claimant’s statement of case—

(i) the claim is strategic litigation against public participation, being a SLAPP claim within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023; and

(ii) the claimant has failed to show that it is more likely than not the claim would succeed at trial.

(Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant include a party bringing an additional claim.)

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4) Where—

(a) the court has struck out a claimant’s statement of case;

(b) the claimant has been ordered to pay costs to the defendant; and

(c) before the claimant pays those costs, the claimant starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.

(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.

(6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

(7) If a defendant applies to strike out all or part of the claim form or particulars of claim, that defendant need not file a defence before the hearing.

Judgment without trial after striking out

3.5

(1) This rule applies where—

(a) the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and

(b) the party against whom the order was made does not comply with it.

(2) A party may obtain judgment with costs by filing a request for judgment if—

(a) the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and

(b) where the party wishing to obtain judgment is the claimant, the claim is for—

(i) a specified amount of money;

(ii) an amount of money to be decided by the court;

(iii) delivery of goods where the claim form gives the defendant the alternative of paying their value; or

(iv) any combination of these remedies.

(3) Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if the defendant does not do so) pay the value of the goods as decided by the court (less any payments made).

(4) The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.

(5) A party must make an application in accordance with Part 23 if they wish to obtain judgment under this rule in a case to which paragraph (2) does not apply.

Setting aside judgment entered after striking out

3.6

(1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.

(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

(3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside(GL) the judgment.

(4) If the application to set aside(GL) is made for any other reason, rule 3.9 (relief from sanctions) shall apply.

Sanctions for non—payment of certain fees

3.7

(1) Except where rule 3.7A1 applies, this rule applies to fees payable by the claimant where—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the court has made an order giving permission to proceed with a claim for judicial review ; or

(e) the fee payable for a hearing specified by the Civil Proceedings Fees Order 2008 (Fees Order 2008) is not paid.

(Rule 54.12 provides for the service of the order giving permission to proceed with a claim for judicial review)

(2) The court will serve a notice on the claimant requiring payment of the fee specified in the Fees Order 2008 if, at the time the fee is due, the claimant has not paid it or made an application for full or part remission.

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

(4) If the claimant does not—

(a) pay the fee; or

(b) make an application for full or part remission of the fee,

by the date specified in the notice—

(i) the claim will automatically be struck out without further order of the court; and

(ii) the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.

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.

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 of the case, so as to enable it to deal justly with the application, including the need—

(a) for litigation to be conducted efficiently and at proportionate cost; and

(b) to enforce compliance with rules, practice directions and orders.

(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—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

PART 4 — FORMS

4

(1) In this Part, “forms” includes model orders, unless indicated otherwise.

(2) Forms approved by the Civil Procedure Rule Committee, as published online by His Majesty’s Courts and Tribunals Service and available for downloading or printing, or incorporated as part of any online process specified by these Rules, must be used in the cases to which they apply.

(3) Other forms not approved by the Civil Procedure Rule Committee, published online by His Majesty’s Courts and Tribunals Service and available for downloading, printing or other use, may be used as appropriate.

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

(5) A form must not be varied so as to leave out any information or guidance it contains. This does not apply to model orders.

(6) Where the court or a party produces a form with the words “Royal Arms”, the form must include a replica of the Royal Arms at the head of the first page.

(7) The court must supply, on request, a paper copy of a form (with relevant explanatory material) to a person who cannot obtain access to the forms published online.

PART 5 — COURT DOCUMENTS

Scope of this Part	Rule 5.1
Preparation of documents	Rule 5.2
Signature of documents by mechanical means	Rule 5.3
Register of claims	Rule 5.4
Supply of documents to Attorney-General from court records	Rule 5.4A
Supply of documents to a party from court records	Rule 5.4B
Supply of documents to a non-party from court records	Rule 5.4C
Supply of documents from court records – general	Rule 5.4D
Filing and sending documents	Rule 5.5
Documents in the Welsh language	Rule 5.6

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—

(a) a court officer otherwise directs; or

(b) it is a document to which—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) CCR Order 28, rule 11(1) (issue of warrant of committal),

applies.

(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) A court or court office may keep a publicly accessible register of claims which have been issued out of that court or court office.

(2) Any person who pays the prescribed fee may, during office hours, search any available register of claims.

(Practice Direction 5A contains details of available registers).

PART 6 — SERVICE OF DOCUMENTS

I SCOPE OF THIS PART AND INTERPRETATION
Part 6 rules about service apply generally	Rule 6.1
Interpretation	Rule 6.2

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION ...
Methods of service	Rule 6.3
Who is to serve the claim form	Rule 6.4
Personal service	Rule 6.5
Where to serve the claim form - general provisions	Rule 6.6
Service on a solicitor ... within the United Kingdom ...	Rule 6.7
Service of the claim form where before service the defendant gives an address at which the defendant may be served	Rule 6.8
Service of the claim form where the defendant does not give an address at which the defendant may be served	Rule 6.9
Service of the claim form in proceedings against the Crown	Rule 6.10
Service of the claim form by contractually agreed method	Rule 6.11
Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction	Rule 6.12
Service of the claim form on children and protected parties	Rule 6.13
Deemed service	Rule 6.14
Service of the claim form by an alternative method or at an alternative place	Rule 6.15
Power of court to dispense with service of the claim form	Rule 6.16
Notice and certificate of service relating to the claim form	Rule 6.17
Notification of outcome of postal service by the court	Rule 6.18
Notice of non-service by bailiff	Rule 6.19

III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM ...
Methods of service	Rule 6.20
Who is to serve	Rule 6.21
Personal service	Rule 6.22
Address for service to be given after proceedings are started	Rule 6.23
Change of address for serviceService on children and protected parties	Rule 6.24Rule 6.25
Deemed service	Rule 6.26
Service by an alternative method or at an alternative place	Rule 6.27
Power to dispense with service	Rule 6.28
Certificate of service	Rule 6.29

IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION
Scope of this Section	Rule 6.30
Interpretation	Rule 6.31
Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland	Rule 6.32
Service of the claim form where the permission of the court is not required - out of the United Kingdom	Rule 6.33
Notice of statement of grounds where the permission of the court is not required for service	Rule 6.34
Period for responding to the claim form where permission was not required for service	Rule 6.35
Service of the claim form where the permission of the court is required	Rule 6.36
Application for permission to serve the claim form out of the jurisdiction	Rule 6.37
Service of documents other than the claim form - permission	Rule 6.38
Service of application notice on a non-party to the proceedings	Rule 6.39
Methods of service – general provisions	Rule 6.40
. . .	. . .
Service through foreign governments, judicial authorities and British Consular authorities	Rule 6.42
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities	Rule 6.43
Service of claim form or other document on a State	Rule 6.44
Translation of claim form or other document	Rule 6.45
Undertaking to be responsible for expenses	Rule 6.46
Proof of service before obtaining judgment	Rule 6.47

V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS
Scope of this Section	Rule 6.48
Interpretation	Rule 6.49
Request for service	Rule 6.50
Method of service	Rule 6.51
After service	Rule 6.52

I GENERAL RULES ABOUT SERVICE

Part 6 rules about service apply generally

6.1

This Part applies to the service of documents, except where—

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

(b) the court orders otherwise.

(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)

Methods of service—general

6.2

In this Part—

(a) “bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where service is to take place;

(b) “business day” means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;

(c) “claim” includes petition and any application made before action or to commence proceedings and “claim form”, “claimant” and “defendant” are to be construed accordingly; ...

(d) “solicitor” includes any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act); and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who is to serve

6.3

(1) A claim form may ... be served by any of the following methods—

(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;

(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or

(e) any method authorised by the court under rule 6.15.

(2) A company may be served—

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act 2006.

(3) A limited liability partnership may be served—

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.

Personal service

6.4

(1) The 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

(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.

Address for service

6.5

(1) Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.

(2) In other cases, a claim form may be served personally except—

(a) where rule 6.7 applies; or

(b) in any proceedings against the Crown.

(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)

(3) A claim form is served personally on—

(a) an individual by leaving it with that individual;

(b) a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or

(i) a partner; or

(ii) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

(Practice Direction 6A sets out the meaning of “senior position”.)

Service of documents on children and patients

6.6

(1) The claim form must be served within the jurisdiction except where rule 6.7(2) ... or 6.11 applies or as provided by Section IV of this Part.

(2) The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode ..., unless the court orders otherwise.

...

(3) Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.

Deemed service

6.7

(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.

(“Solicitor” has the extended meaning set out in rule 6.2(d).)

(2) Solicitor in Scotland or Northern Ireland ...: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where—

(a) the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form;

(aa) 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 Scotland or Northern Ireland;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the claim form must be served at the business address of that solicitor.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7B; for Money Claims Online see paragraph 4(6) of Practice Direction 7C; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)

Service by an alternative method

6.8

Subject to rules 6.5(1) and 6.7 ... , and except where any other rule or practice direction makes different provision—

(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK ...and which the defendant has given for the purpose of being served with the proceedings; or

(b) in any claim by a tenant or contract-holder against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987 or section 39 of the Renting Homes (Wales) Act 2016.

(For service out of the jurisdiction see rules 6.40 to 6.47.)

Power of court to dispense with service

6.9

(1) This rule applies where—

(a) rule 6.5(1) (personal service);

(b) rule 6.7 (service of claim form on solicitor ...); and

do not apply and the claimant does not wish to effect personal service under rule 6.5(2).

(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.

Nature of defendant to be served	Place of service
1. Individual	Usual or last known residence.
2. Individual being sued in the name of a business	Usual or last known residence of the individual; orprincipal or last known place of business.
3. Individual being sued in the business name of a partnership	Usual or last known residence of the individual; orprincipal or last known place of business of the partnership.
4. Limited liability partnership	Principal office of the partnership; orany place of business of the partnership within the jurisdiction which has a real connection with the claim.
5. Corporation (other than a company) incorporated in England and Wales	Principal office of the corporation; orany place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
6. Company registered in England and Wales	Principal office of the company; orany place of business of the company within the jurisdiction which has a real connection with the claim.
7. Any other company or corporation	Any place within the jurisdiction where the corporation carries on its activities; orany place of business of the company within the jurisdiction.

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (“current address”).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant—

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is—

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant—

(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

(For service out of the jurisdiction see rules 6.40 to 6.47.)

Certificate of service

6.10

In proceedings against the Crown—

(a) service on the Attorney General must be effected on the Treasury Solicitor; and

(b) service on a government department must be effected on the solicitor acting for that department.

(Practice Direction 66 gives the list published under section 17 of the Crown Proceedings Act 1947 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)

Notice of non-service

6.11

(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.

(2) Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served—

(a) if permission to serve it out of the jurisdiction has been granted under rule 6.36; or

(b) without permission under rule 6.32 or 6.33.

II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM

General rules about service subject to special rules about service of claim form

6.12

(1) The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where —

(a) the defendant is out of the jurisdiction;

(b) the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and

(c) at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.

(2) An application under this rule—

(a) must be supported by evidence setting out—

(i) details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;

(ii) that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and

(iii) why service out of the jurisdiction cannot be effected; and

(b) may be made without notice.

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

(4) Where the court makes an order under this rule—

(a) a copy of the application notice and the order must be served with the claim form on the agent; and

(b) unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.

(5) This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).

Service of claim form by the court—defendant’s address for service

6.13

(1) Where the defendant is a child who is not also a protected party, the claim form must be served on—

(a) one of the child’s parents or guardians; or

(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2) Where the defendant is a protected party, the claim form must be served on—

(a) one of the following persons with authority in relation to the protected party as—

(i) the attorney under a registered enduring power of attorney;

(ii) the donee of a lasting power of attorney; or

(iii) the deputy appointed by the Court of Protection; or

(b) if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.

(3) Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).

(4) The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).

(5) An application for an order under paragraph (4) may be made without notice.

(6) The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.

(7) 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 and “child” and “protected party” have the same meaning as in rule 21.1.)

Certificate of service relating to the claim form

6.14

A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).

Service of the claim form by contractually agreed method

6.15

(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.

(2) On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.

(3) An application for an order under this rule—

(a) must be supported by evidence; and

(b) may be made without notice.

(4) An order under this rule must specify—

(a) the method or place of service;

(b) the date on which the claim form is deemed served; and

(i) filing an acknowledgment of service;

(ii) filing an admission; or

(iii) filing a defence.

Service of claim form on agent of principal who is overseas

6.16

(1) The court may dispense with service of a claim form in exceptional circumstances.

(2) An application for an order to dispense with service may be made at any time and—

(a) must be supported by evidence; and

(b) may be made without notice.

PART 7 — HOW TO START PROCEEDINGS—THE CLAIM FORM

Where to start proceedings	Rule 7.1
Claims against Welsh public bodies to be issued and heard in Wales	Rule 7.1A
Claims against Welsh public bodies to be forwarded for issue in Wales	Rule 7.1B
How to start proceedings	Rule 7.2
Right to use one claim form to start two or more claims	Rule 7.3
Particulars of claim	Rule 7.4
Service of a claim form	Rule 7.5
Extension of time for serving a claim form	Rule 7.6
Application by defendant for service of a claim form	Rule 7.7
Form for defence etc. must be served with particulars of claim	Rule 7.8
Fixed date and other claims	Rule 7.9
Production Centre for claims	Rule 7.10

Where to start proceedings

7.1

Restrictions on where proceedings may be started are set out in the relevant practice directions supplementing this Part.

How to start proceedings

7.2

(1) Proceedings are started when the court issues a claim form at the request of the claimant.

(2) A claim form is issued on the date entered on the form by the court.

Right to use one claim form to start two or more claims

7.3

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Particulars of claim

7.4

(1) Particulars of claim must—

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

Service of a claim form

7.5

(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

Method of service	Step required
First class post, document exchange or other service which provides for delivery on the next business day	Posting, leaving with, delivering to or collection by the relevant service provider
Delivery of the document to or leaving it at the relevant place	Delivering to or leaving the document at the relevant place
Personal service under rule 6.5	Completing the relevant step required by rule 6.5(3)
. . .	. . .
Electronic method	Sending the e-mail or other electronic transmission

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.

Extension of time for serving a claim form

7.6

(1) The claimant may apply for an order extending the period for compliance with rule 7.5.

(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made—

(a) within the period specified by rule 7.5; or

(b) where an order has been made under this rule, within the period for service specified by that order.

(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if—

(a) the court has failed to serve the claim form; or

(b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and

(4) An application for an order extending the time for compliance with rule 7.5—

(a) must be supported by evidence; and

(b) may be made without notice.

Application by defendant for service of claim form

7.7

(1) Where a claim form has been issued against a defendant, but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within a period specified in the notice.

(2) The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice.

(3) If the claimant fails to comply with the notice, the court may, on the application of the defendant—

(a) dismiss the claim; or

(b) make any other order it thinks just.

Form for defence etc. must be served with particulars of claim

7.8

(1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by—

(a) a form for defending the claim;

(b) a form for admitting the claim; and

(2) Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims)—

(a) paragraph (1) does not apply; and

(b) a form for acknowledging service must accompany the claim form.

Fixed date and other claims

7.9

A practice direction—

(a) may set out the circumstances in which the court may give a fixed date for a hearing when it issues a claim;

(b) may list claims in respect of which there is a specific claim form for use and set out the claim form in question; and

Production Centre for claims

7.10

(1) There shall be a Production Centre for the issue of claim forms and other related matters.

(2) Practice Direction 7B makes provision for—

(a) which claimants may use the Production Centre;

(b) the type of claims which the Production Centre may issue;

(d) the place where the Production Centre is to be located; and

(e) other related matters.

(3) Practice Direction 7B may disapply or modify these Rules as appropriate in relation to claims issued by the Production Centre.

PART 8 — ALTERNATIVE PROCEDURE FOR CLAIMS

Types of claim in which Part 8 procedure may be followed	Rule 8.1
Contents of the claim form	Rule 8.2
Acknowledgment of service	Rule 8.3
Consequence of not filing an acknowledgment of service	Rule 8.4
Filing and serving written evidence	Rule 8.5
Evidence—general	Rule 8.6
Counterclaims and other additional claims	Rule 8.7
Procedure where defendant objects to use of Part 8 procedure	Rule 8.8
Modifications to the general rules	Rule 8.9

Types of claim in which Part 8 procedure may be followed

8.1

(1) The Part 8 procedure is the procedure set out in this Part.

(2) A claimant may, unless any enactment, rule or practice direction states otherwise, use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact.

(3) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction states otherwise.

(4) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.

(5) Where the claimant uses the Part 8 procedure, they may not obtain default judgment under Part 12.

(6) A rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in this Part as they apply to those proceedings.

(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used.)

Contents of the claim form

8.2

(1) Where the claimant uses the Part 8 procedure the claim form must state—

(a) that this Part applies;

(i) the question which the claimant wants the court to decide; or

(ii) the remedy which the claimant is seeking and the legal basis for the claim to that remedy;

(d) if the claimant is claiming in a representative capacity, what that capacity is; and

(e) if the defendant is sued in a representative capacity, what that capacity is.

(Part 22 provides for the claim form to be verified by a statement of truth)

(2) Except where another rule or practice direction applies, rule 7.5 and rule 7.6 shall apply with regard to the service of the claim form.

Acknowledgment of service

8.3

(1) The defendant must—

(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

(b) serve the acknowledgment of service on the claimant and any other party.

(2) The acknowledgment of service must state—

(a) whether the defendant contests the claim; and

(b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

(3) The following rules of Part 10 (acknowledgment of service) apply—

(a) rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and

(b) rule 10.5 (contents of acknowledgment of service).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequence of not filing an acknowledgment of service

8.4

(1) This rule applies where—

(a) the defendant has failed to file an acknowledgment of service; and

(b) the time period for doing so has expired.

(2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.

Filing and serving written evidence

8.5

(1) When the claimant files the claim form, they must also file any written evidence on which they intend to rely.

(2) The claimant must serve their written evidence on the defendant with the claim form.

(3) A defendant who wishes to rely on written evidence must file it when they file their acknowledgment of service unless the defendant has indicated on their acknowledgement of service an intention to contest jurisdiction, in which case the evidence must be filed within fourteen days of filing the acknowledgment of service if no such application is made.

(4) If a defendant files their evidence, they must also, at the same time, serve a copy of their evidence on the other parties.

(5) The claimant may, within 14 days of service of the defendant’s evidence on them, file further written evidence in reply.

(6) If they do so, they must also, within the same time limit, serve a copy of their evidence on the other parties.

(7) The claimant may rely on the matters set out in the claim form as evidence under this rule if the claim form is verified by a statement of truth.

(8) A party may apply to the court for an extension of time to serve and file evidence or for permission to serve and file additional evidence under rule 8.6(1).

(9) The parties may agree in writing on an extension of time of not more than 14 days for serving and filing evidence from the defendant and of not more than 28 days for serving and filing evidence in reply.

(10) Any such agreement must be filed with the court with the acknowledgement of service or, if it relates to evidence in reply, within 48 hours of the agreement.

Evidence—general

8.6

(1) No written evidence may be relied on at the hearing of the claim unless—

(a) it has been served in accordance with rule 8.5; or

(b) the court gives permission.

(2) The court may require or permit a party to give oral evidence at the hearing.

(3) The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence.

Part 20 claims

8.7

Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a counterclaim or other additional claim (as defined by rule 20.2) without the court’s permission.

Procedure where defendant objects to use of the Part 8 procedure

8.8

(1) Where the defendant contends that the Part 8 procedure should not be used because—

(a) there is a substantial dispute of fact; and

(b) the use of the Part 8 procedure is not required or permitted by a rule or practice direction, he must state his reasons when he files his acknowledgment of service.

Modifications to the general rules

8.9

Where the Part 8 procedure is followed—

(a) provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore—

(i) Part 16 (statements of case) does not apply;

(ii) Part 15 (defence and reply) does not apply;

(iii) any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; and

(iv) the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply;

(b) the claimant may not obtain judgment by request on an admission and therefore—

(i) rule 14.2 does not apply; and

(ii) the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and

PART 9 — RESPONDING TO PARTICULARS OF CLAIM—GENERAL

Scope of this Part	Rule 9.1
Defence, admission or acknowledgment of service	Rule 9.2

Scope of this Part

9.1

(1) This Part sets out how a defendant may respond to particulars of claim.

(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.

Defence, admission or acknowledgment of service

9.2

When particulars of claim are served on a defendant, the defendant may—

(a) file or serve an admission in accordance with Part 14;

(b) file a defence in accordance with Part 15,

(or do both, if he admits only part of the claim); or

PART 10 — ACKNOWLEDGMENT OF SERVICE

Title	Rule number
Acknowledgment of service	Rule 10.1
Consequence of not filing an acknowledgment of service	Rule 10.2
The period for filing an acknowledgment of service	Rule 10.3
Notice to claimant that defendant has filed an acknowledgment of service	Rule 10.4
Contents of acknowledgment of service	Rule 10.5
Amendment or withdrawal of an acknowledgment of service	Rule 10.6

Acknowledgment of service

10.1

(1) This Part deals with the filing of an acknowledgment of service.

(2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.

(3) A defendant must file an acknowledgment of service if—

(a) they are unable to file a defence within the period specified in rule 15.4; or

(b) they wish to dispute the court’s jurisdiction.

(Part 11 sets out the procedure for disputing the court’s jurisdiction.)

Consequence of not filing an acknowledgment of service

10.2

If—

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

The period for filing an acknowledgment of service

10.3

(1) The general rule is that the period for filing an acknowledgment of service is—

(a) 14 days after service of the particulars of claim where the defendant is served with a claim form which states that particulars of claim are to follow; and

(b) 14 days after service of the claim form in any other case.

(2) The general rule is subject to the following rules—

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

Notice to claimant that defendant has filed an acknowledgment of service

10.4

On receipt of an acknowledgment of service, the court must notify the claimant in writing.

Contents of acknowledgment of service

10.5

(1) An acknowledgment of service must—

(a) be on the relevant form;

(b) be signed by the defendant or their legal representative or litigation friend; and

(d) set out the defendant’s name in full. Where the defendant’s name has been incorrectly set out in the claim form, it must be correctly set out in the acknowledgment of service followed by the words ‘described as’ and the incorrect name.

(Rule 6.23 makes provision in relation to addresses for service.)

(Rule 19.13 modifies this Part where a notice of claim is served under that rule to bind a person not a party to the claim.)

(2) If two or more defendants to a claim acknowledge service of the claim through the same legal representative at the same time, only one acknowledgment of service is required.

(3) Where a defendant is a company or other corporation, a person holding a senior position in the company or corporation may sign the statement of truth on its behalf but must state the position they hold.

(4) Each of the following is a person holding a senior position—

(a) in respect of a registered company or corporation, a director, the treasurer, secretary, chief executive, manager or other officer of the company or corporation;

(b) in respect of a corporation which is not a registered company, in addition to those persons set out in subparagraph (a), the mayor, chairman, president, town clerk or similar officer of the corporation.

(5) Where a defendant is a partnership—

(a) service must be acknowledged in the name of the partnership on behalf of all persons who were partners at the time when the cause of action accrued; and

(b) the acknowledgment of service may be signed by any of those partners, or by any person authorised by any of those partners to sign it.

(6) Children and protected parties may acknowledge service only by their litigation friend or legal representative unless the court otherwise orders.

PART 11 — DISPUTING THE COURT'S JURISDICTION

Procedure for disputing the court’s jurisdiction.	Rule 11

Procedure for disputing the court’s jurisdiction

11

(1) A defendant who wishes to—

(a) dispute the court’s jurisdiction to try the claim; or

(b) argue that the court should not exercise its jurisdiction,

may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

(2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

(4) An application under this rule must—

(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

PART 12 — DEFAULT JUDGMENT

Title	Rule number
Meaning of ‘default judgment’	Rule 12.1
Claims in which default judgment may not be obtained	Rule 12.2
Conditions to be satisfied	Rule 12.3
Procedure for obtaining default judgment	Rule 12.4
Nature of judgment where default judgment obtained by filing a request	Rule 12.5
County Court Money Claims	Rule 12.6
Interest	Rule 12.7
Procedure for deciding an amount or value	Rule 12.8
Claim against more than one defendant	Rule 12.9
Procedure for obtaining a default judgment for costs only	Rule 12.10
Default judgment obtained by making an application	Rule 12.11
Supplementary provisions where applications for default judgment are made	Rule 12.12

Meaning of ‘default judgment’

12.1

In these Rules, ‘default judgment’ means judgment without trial where a defendant—

(a) has failed to file an acknowledgment of service; or

(b) has failed to file a defence or any document intended to be a defence.

Claims in which default judgment may not be obtained

12.2

A claimant may not obtain a default judgment—

(a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974;

(b) where they use the procedure set out in Part 8 (alternative procedure for claims); or

Conditions to be satisfied

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered—

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

(2) Judgment in default of defence (or any document intended to be a defence) may be obtained only—

(a) where an acknowledgement of service has been filed but, at the date on which judgment is entered, a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule.)

(3) The claimant may not obtain a default judgment if at the time the court is considering the issue—

(a) the defendant has applied—

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been dealt with;

(b) the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;

(i) the claimant is seeking judgment on a claim for money; and

(ii) the defendant has admitted liability to pay all the money claimed but has requested time to pay; or

(d) notice has been given under rule 82.21 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been dealt with.

(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay.)

(Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.)

Procedure for obtaining default judgment

12.4

(1) Subject to paragraph (3), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for—

(a) a specified amount of money (Form N205A or N225);

(b) an amount of money to be decided by the court (Form N205B or N227);

(d) any combination of these remedies.

(2) Where the defendant is an individual, the claimant must provide the defendant’s date of birth (if known) where required in the form.

(3) The claimant must make an application in accordance with Part 23 if they wish to obtain a default judgment—

(a) on a claim which consists of or includes a claim for any other remedy; or

(b) where rule 12.10 or rule 12.11 says so,

and where the defendant is an individual, the claimant must provide the defendant’s date of birth (if known) in Part C of the application notice.

(4) Where a claimant—

(a) claims any other remedy in the claim form in addition to those specified in paragraph (1); but

(b) abandons that claim in their request for judgment,

they may still obtain a default judgment by filing a request under paragraph (1).

(5) In civil proceedings against the Crown, as defined in rule 66.1(2), a request for a default judgment must be considered by a Master or District Judge, who must in particular be satisfied that the claim form and particulars of claim have been properly served on the Crown in accordance with section 18 of the Crown Proceedings Act 1947 and rule 6.10.

Nature of judgment where default judgment obtained by filing a request

12.5

(1) Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1)—

(a) the date by which the whole of the judgment debt is to be paid; or

(b) the times and rate at which it is to be paid by instalments.

(2) Except where paragraph (4) applies, a default judgment on a claim for a specified amount of money obtained on filing a request, will be judgment for the amount of the claim (less any payments made) and costs, to be paid—

(a) by the date or at the rate specified in the request for judgment; or

(b) if none is specified, immediately.

(Interest may be included in a default judgment obtained by filing a request if the conditions set out in rule 12.7 are satisfied.)

(3) Where the claim is for an unspecified amount of money a default judgment obtained on the filing of a request will be for an amount to be decided by the court together with costs.

(4) Where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value, a default judgment obtained on the filing of a request will be judgment requiring the defendant to—

(a) deliver the goods or (if they do not do so) pay the value of the goods as decided by the court (less any payments made); and

(b) pay costs.

(Rule 12.8 sets out the procedure for deciding the amount of a judgment or the value of the goods.)

(5) The claimant’s right to enter judgment requiring the defendant to deliver goods is subject to rule 40.14 (judgment in favour of certain part owners relating to the detention of goods).

Interest

12.6

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