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As a general rule, yes. An order endorsed with a penal notice warns the respondent that breach may lead to committal for contempt of court, and CPR Part 81 requires the applicant on a committal application to prove that the order was served, personal service being the standard requirement. The court has power to dispense with personal service, but relying on that discretion is a poor strategy.
Committal is quasi criminal: a person’s liberty is at stake, so the court must be sure they knew of the order and what it required before any breach. Personal service, proved by a statement or affidavit of service identifying the respondent, the document handed over and the time and place, is how that knowledge is established. For mandatory orders requiring a positive act, service must generally take place before the time fixed for compliance, or the breach cannot be relied on.
Injunctions with penal notices are usually granted precisely because matters are urgent, so service the same day, sometimes within hours, is the norm. The respondent is bound from the moment they have notice of the order, but enforcement by committal stands on the formal service evidence, which is why solicitors instruct professional servers immediately upon the order being sealed, with the server standing by for the court’s approval where needed.
Every element gathered at service, identification of the respondent, their reaction, the exact time, becomes material if a committal application follows. Our servers prepare affidavits of service to the standard the committal jurisdiction demands, and can give evidence if service is disputed. See also how freezing orders are served and service of non-molestation orders, where the same discipline applies.
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This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.