5.4.3. Service of claim form, etc. By a party

Many practitioners prefer to serve documents themselves for greater certainty. This is particularly the case where they think that the defendant is likely to be evasive or where absolute certainty of service is required for the proceedings, as is often the case in debt-collecting litigation. A party which intends to effect service itself must notify the court of that (CPR, r. 6.3(l)(b)). Where the claimant's solicitors effect service of the claim form they must file a certificate of service within seven days and give the date of service.

5.4.4. Methods of service

The following methods are prescribed in CPR, r. 6.2:

(a) On an individual

Personal service which involves leaving or giving it to him individually. If it is delivered by hand to him and he will not accept it, it is sufficient to leave it near him (e.g., at his feet) informing him what it is.

(b) On a limited company

Personal service is achieved by leaving a document with a person holding a senior position (e.g., director, treasurer, secretary, chief executive, manager or other officer) within the company (CPR, r. 6.4(4)).

(c) On a partnership

A document is served personally by leaving it with any one of the partners or with a person (who need not be a partner) having, at the time of service, management of the partnership business at the firm's principal place of business

(d) Postal service must be carried out by first-class post to an address which the claimant bona fide believes is that of the defendant or at which he is bound to receive the document. It is the claimant's risk if he adopts any other address than the one where he bona fide believes the defendant to reside. (For example, if the defendant's address is actually unknown, but it is well known that he has a particular friend or relative at a certain address, posting the documents to him there will be successful if he acknowledges them and responds, but if he fails to do so it may be an onerous task for the claimant to satisfy the court that he really them and it is certainly unlikely that the court will assume he had them from the second day after posting.)

If the person is served as the proprietor of a business (i.e., a sole trader) he may be served by post either at his usual or last known residence or at a place of busi­ness or last known place of business.

5.4.4.1. Service on a nominated solicitor

Service may be made at the office of a nominated solicitor and obviously postal service will suffice for this. It must be the case that the solicitor is properly appointed to accept service for the present proceedings. A party could not simply serve documents on a solicitor who had previously represented the defendant, say on a convincing transac­tion. Specific authority is required for every case. Postal service on a solicitor will of course be the norm now in cases where the parties are observing the protocols or the spirit of the protocols because it is assumed that both will be legally represented from the outset.

Where a party nominates a solicitor for service of proceedings before proceedings are issued, the claimant must serve the proceedings on that solicitor and does not then have the option for serving the defendant direct.