Service consultation paper published | Practical Law

Service consultation paper published | Practical Law

On 5 July 2007, the Ministry of Justice published a consultation paper entitled: "Review of Part 6 of the Civil Procedure Rules: Service of Documents". The consultation paper contains a draft revised CPR 6 and seeks views on the following questions:

Service consultation paper published

Practical Law UK Legal Update 1-371-3977 (Approx. 3 pages)

Service consultation paper published

by PLC Dispute Resolution
Published on 06 Jul 2007England, Wales
On 5 July 2007, the Ministry of Justice published a consultation paper entitled: "Review of Part 6 of the Civil Procedure Rules: Service of Documents". The consultation paper contains a draft revised CPR 6 and seeks views on the following questions:
Last known address: where the claimant knows that the defendant no longer resides at his last known address, whether the claimant should be required to make reasonable enquiries regarding the defendant's new address and consider alternative methods of service.
Time limit for service of the claim form: whether the time limit for serving the claim form should instead relate to the period within which the claimant must despatch the claim form. The consultation paper includes a draft new CPR 7.5 and CPR 7.6, revised in accordance with this proposal.
Date of deemed service: whether a common date of deemed service should apply to all methods of service; and, as a separate point, whether the date of deemed service should always be a business day.
Method of service: whether service by e-mail should be treated in the same way as service by fax.
Method of service (Scotland and Northern Ireland): whether documents to be served on an address for service in Scotland or Northern Ireland may be served by a method permitted by the CPR.
Service by an alternative method: whether it should be possible for the court to retrospectively grant permission for service by an alternative method or at an alternative address.
Service of judicial review proceedings: whether the rules for civil proceedings against the Crown should be applied to judicial review claims against the Crown.
We will report in detail on the main implications of the proposals shortly.
The consultation will end on 28 September 2007.