With effect from 1st October 2008, the whole structure of the Rules of Service under the CPR changed. The important points to note are:

1. Service of the claim form (part II of the Rule) is now dealt with separately to service of
other documents (Part III). Note the rules on service of the claim form apply to service within the jurisdiction whereas the section on service of other documents applies to the UK. Section IV deals with service of the claim form and other documents out of the jurisdiction.

2. In the new Rule time is calculated by reference to 'business days' which means just that, Saturdays, Sundays and Bank holidays are excluded.

3. Claim Form - Service

• Deemed served on the 2nd business day after despatch by any method (6.14);
• Rules on personal service are clarified;
• Rules on addresses for service are clarified:

- you must serve on the defendant's solicitors if the defendant gives his solicitor's address as the address for service or the solicitors say they are authorised to accept service (but Note - Murphy v Staples [2003] EWCA Civ 656 service on a defendant company at its registered office was effective even when the defendant's solicitors said they had instructions to accept service - this is unlikely to change);
- LLPs are served at the principal office or a place of business with a real
connection to the claim;
- last known residence / last known place of business - if the Claimant knows that the Defendant is no longer at the last known address he must take reasonable steps to discover the address and if he finds it serve on that address. If you take the reasonable steps and still have no current address you must consider service by an alternative method or at an alternative place (CPR 6.9). Only after trying both those options do you revert to the 'last know' address.
- Service by an alternative method or at an alternative place (COR 6.15) - alternative service - the court may make an order before or after service has been effected, allowing retrospective applications. The test for obtaining an order is showing there is 'good reason'.

• If the court serves the claim form and they notify you that service was not successful the court will not try again (CPR 6.1(4)).
• If you serve, the time for filing the certificate of service is extended to 21 days.

The certificate of service must include a statement of the category of address at which the service took place, the method of service and, essentially, the date of despatch. The existing court form Ex 215 does not include a provision for that date and if you use that form you will need to add that date.

4. Time for service of the claim form
The existing CPR 7.5 provided that the claim form must be served within 4 months of
issue. That rule is amended to provide that the claim form should be 'despatched'
with the 4 month period.

5. Service of documents other than the claim form
Deemed service of a document other than a claim form is two business days after
despatch by post or DX but the same day if served by hand, personally, fax or e-mail
before 4.30pm (and the next day if served by those methods after 4.30pm).

6. Service of the claim form and other documents out of the jurisdiction
Provisions for service out of the jurisdiction are substantially the same. CPR 6.40.2 provides that parties should use the methods for service used in England and Wales for Scotland and Northern Ireland for any documents including the claim form.

If you require any advice or guidance regarding rules of service or the issue of any
proceedings in England and Wales, please contact a member of the Business Development
Team.