The language of the rules has been amended and there is now more reference to delivery of documents rather than service. Rules 1.40 - 1.53 set out rules relating to delivery wherever documents are required to be delivered by the new rules.
These rules include the following headings:
- Delivery of documents to authorised recipients - if authorised in writing (which authorisation has not been revoked) to accept delivery on behalf of the person.
- Delivery of documents to joint office holders - delivery to one is treated as delivery to all.
- Postal delivery of documents - first or second class post may be used. Delivery is the second business day after the date on which a letter is posted by first class post, and the fourth business day after posting in the case of a document sent by second class post, but where a post mark appears, the date of the post mark is treated as the date of posting.
- Delivery by document exchange - the document is delivered one business day after delivered to the document exchange by the sender if sender and recipient are members of the same document exchange, or two business days if sender and recipient are members of different document exchanges.
- Personal delivery off documents - CPR Part 6 applies.
- Electronic delivery of documents - refer to r1.45 for details of electronic delivery but the recipient must have consented and provided an electronic address for electronic delivery to be possible.
- Electronic delivery of documents to the Court - only where expressly permitted by CPR, a PD or the Rules. Delivery at time it is recorded by the Court as having been received or otherwise as the CPR, a PD or the Rules stipulate.
- Proof of delivery of documents - certificates confirming delivery must comply with r1.52, must state the method of delivery and the date of sending/posting/delivery, must be given by a person as outlined in that rule, and may be a certificate endorsed on a copy of the document to which it relates.
Service of documents
Schedule 6 now sets out which documents are required to be served as opposed to be delivered, and what those service requirements are. These include:
- Winding up petitions
- Administration application
- Service on joint office holders
- Service of orders staying proceedings
It also has a rule on verification of service by a certificate of service and its required contents.
It also contains this useful table:
|Rule (or section)||Document||Whether treated as claim form or other document||Modifications to Part 6 of the CPR which apply unless the court directs otherwise|
|3.8||Administration application||Claim form||Service in accordance with paragraph 3 of this Schedule. The applicant must serve the application.|
|3.16 (& Para 15 of Sch B1)||Notice of intention to appoint administrator by a floating charge holder||Claim form||The appointer must serve the notice.|
|3.23 (& para 26 of Sch B1)(253)||Notice of intention to appoint administrator by company or directors||Claim form||Service on the company at its registered office or if that is not practicable, at its last known principal place of business in England and Wales.|
|7.3||Statutory demand on a company under section 123(1) or 222(1)(a) (unregistered companies)||[Note: the requirements for service of a statutory demand are set out in sections 123(1) and 222(1)(a) respectively.]|
|7.9 and 7.29||Winding-up petition||Claim form||Service in accordance with paragraph 2 of this Schedule. The petitioner must serve the petition.|
|7.34||Court order for additional deposit to be paid – provisional liquidator||Other document|
|7.99||Court order to enforce payment of a call||Other document|
|7.102||Court order for public examination served on examinee||Other document|
|10.2||Statutory demand (bankruptcy)||Other document||Service in accordance with rule 10.2.|
|10.14||Bankruptcy petition (creditor’s)||Claim form|| |
Personal service.The petitioner must serve the petition.
|10.29||Court order – change of carriage of petition.||Other document|
|10.50||Court order for additional deposit to be paid – interim receiver||Other document|
|10.99||Court order for public examination served on bankrupt||Other document|
|10.119||Court order for disclosure by HMRC||Other document|
|10.126||Notice to recipient of after acquired property||Other document|
|10.166||Court order for post redirection||Other document|
|11.3||Application for debt relief restrictions order (DRRO) or bankruptcy restrictions order (BRO)||Claim form||The applicant must serve the application.|
|11.4||Service of evidence for DRRO or BRO||Other document|
|12.9||Applications to court generally (where service required)||Claim form||The applicant must serve the application.|
|12.19||Court order for private examination||Other document||Personal service. The applicant must serve the order.|
|12.28(2)||Witness statement of evidence||Other document|
|12.37(7)||Application for block transfer order||Claim form||The applicant must serve the application.|
|12.42||Notice requiring person to assess costs by detailed assessment||Other document|
|12.48||Application for costs||Claim form||The applicant must serve the application.|
|19.4 (& sections 179 and 317)||Notice of disclaimer (leasehold property)||Other document|
|19.5 (& section 318)||Notice of disclaimer (dwelling house)||Other document|
|21.2||Application for conversion into winding up /bankruptcy under EC Regulation||Claim form||The applicant must serve the application.|
|Paragraph 5(1) of this Schedule||Order staying proceedings||Other document||The applicant must serve the order.|