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:
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:
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. |
For more information about this article, please contact or another member of our Restructuring & Insolvency team.
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