# Service of proceedings under the CPR

> **Key takeaway:** Serve claim form in time (CPR 7.5). Methods/places: Part 6. Deemed dates prescribed. Alternative service: 6.15 (Abela). Email pitfalls (Barton). Service out: separate gateways. Diary expiry.

- **Jurisdiction:** England & Wales
- **Practice area:** Civil Procedure
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/CivilProcedure/service-of-proceedings
- **Keywords:** service of proceedings, CPR Part 6, claim form, deemed service, alternative service, Abela, Barton v Wright Hassall, CPR 7.5

## What is this about?

Valid service of a claim form and particulars is foundational: without it, the court may lack jurisdiction over the defendant for the claim as constituted, and limitation/service-period problems proliferate. CPR Part 6 and the accompanying practice directions set methods, places, deemed dates, and extensions.

## What is the core rule?

A claim form must generally be served within its period of validity (CPR 7.5 — typically four months where service is within the jurisdiction). Methods include personal service, first-class post, DX, leaving at a permitted place, fax/email where rules allow, and service on solicitors who are authorised to accept service. Deemed service dates are prescribed (e.g. CPR 6.14 for claim forms). The court may permit alternative service (CPR 6.15) or dispense with service in exceptional cases (CPR 6.16). Service out of the jurisdiction engages separate gateways and permission rules (CPR 6.30+ / PD 6B).

## What are the elements or test?

1. Is service within the jurisdiction or out of the jurisdiction?
2. Has the claim form been served within CPR 7.5 time (or extended under CPR 7.6)?
3. Which method and place of service are valid for this defendant (individual, company, LLP)?
4. What is the deemed date of service?
5. If ordinary service is impracticable: alternative service (6.15) or dispensation (6.16)?
6. Particulars of service / certificate requirements complied with?

## Which authorities matter?

- **Civil Procedure Rules, Part 6 and Practice Directions 6A/6B** — Primary code for methods, places, deemed service, alternative service, and service out.
- **Civil Procedure Rules, rr.7.5–7.6** — Time for serving a claim form and applications to extend time for service.
- **Abela v Baadarani [2013] UKSC 44, [2013] 1 WLR 2043** — Supreme Court guidance on alternative service under CPR 6.15 — good reason required; not confined to exceptional cases only.
- **Barton v Wright Hassall LLP [2018] UKSC 12, [2018] 1 WLR 1119** — Supreme Court on failed service by email without agreement and the strictness of service rules for litigants in person as well as represented parties.

## How does this apply in practice?

Company service often engages the Companies Act 2006 registered-office route alongside CPR methods — map both. Service out needs jurisdictional gateways and forum analysis, not only method. Always diary claim-form expiry early. Check current CPR after amendments.

## What are common pitfalls?

- Missing the four-month service period and seeking a late extension without CPR 7.6 discipline
- Email service without the required agreement/indication
- Serving the wrong corporate address
- Confusing deemed service with actual receipt for limitation strategy

## When would a practitioner use this?

Issue-and-serve planning, jurisdiction challenges, and applications for alternative service.

## Quick reference

Serve claim form in time (CPR 7.5). Methods/places: Part 6. Deemed dates prescribed. Alternative service: 6.15 (Abela). Email pitfalls (Barton). Service out: separate gateways. Diary expiry.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*