Paul Lowenstein QC & Andrew Dinsmore outline recent developments in the law on service
In brief
- A consideration of recent cases relating to personal service which suggest that, while they demonstrate the court’s willingness to adapt the rules incrementally to new situations, it is time for the Law Commission to undertake a wholescale review of the rules on service in the modern, digital age.
Under English law, proceedings are commenced by the service of the claim form (Russell v Cayzer, [1916] 2 AC 298, 302-303, [1916-17] All ER Rep 630). This can be by way of:
- Personal service within the jurisdiction in accordance with CPR r 6.3 & 6.5;
- Service out of the jurisdiction in accordance with CPR r 6.36 & 6.37 and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (the Hague Convention) and EU Regulation 1393/2007 (the EU Service Regulation); and/or
- Service by alternative means in accordance with CPR r 6.15.
Where the claim form is being served within the
