Serving a Claim Form at a Company’s Registered Office

Serving a Claim Form at a Company’s Registered Office

Serving a company looks simple until the registered office turns out to be an accountant’s address, an empty unit or a business that has since dissolved. Getting service right on a corporate defendant matters, because the date of service sets the clock for the response and a defective attempt can cost a claimant the claim. This guide sets out how the rules work and where they catch people out.

The Registered Office Rule

Under CPR 6.3, a claim form may be served on a company by any of the permitted methods, and CPR 6.9 lists the registered office as a place of service where the defendant has not given an address for service. Section 1139 of the Companies Act 2006 reinforces this by allowing a document to be served on a company by leaving it at, or posting it to, that address. In practice it is the safe default, because it is the address the company itself has placed on the public record and is obliged to keep current.

Personal Service and Alternative Places

A claimant is not limited to the post. A process server can effect service by handing the claim form to a person holding a senior position in the company, such as a director or the company secretary. Service can also be made at any place of business that has a real and current connection with the claim. These options are useful where a claimant wants proof that the documents reached a responsible person rather than an unattended mailbox, and where later cooperation from the defendant cannot be assumed. A server who attends in person can also report on whether the address is genuinely in use, which is valuable evidence in its own right.

 

When the Registered Office Is Not Enough

Problems arise where that address is out of date, is only a formation agent’s office, or where post is plainly not reaching anyone. Serving there may still be technically valid, but it does not guarantee the company learns of the claim, and that can lead to satellite disputes about whether judgment in default should stand. Where a claimant knows the address is a dead end, the better course is to consider service at a trading address, personal service on an officer, or an application for an alternative method under CPR 6.15. Our note on deemed service under the CPR shows how the service date is then calculated.

Proving Service and Dissolved Companies

Whatever method is used, the server should record what was done, when and where, so that a certificate of service can be completed accurately and stand up if it is challenged. If a company has been struck off or dissolved, there is no legal person to serve, and the claimant may need to restore it to the register first or pursue a different route entirely. Our guide to the certificate of service explains what the court expects to see.

Practical Points for Litigators

Before serving, check the current register rather than an old letterhead, confirm the company still exists, and decide early whether a postal attempt will actually put the documents in front of a decision maker. Where there is any doubt, instructing a process server to attend in person gives you both service and evidence of it. Small checks at this stage avoid expensive arguments later about whether the company was properly served, and protect the timetable of the claim.

If you need a corporate defendant served promptly and correctly, with clear evidence of service, fill in the form below and our process serving team will be in touch.

Frequently Asked Questions

Is serving a claim form at the registered office always valid?

Service at that address is a permitted method for a company, but if it is out of date the claim may not come to the company’s attention, which can create later disputes about default judgment.

Can I serve a company director personally?

Yes. Handing the claim form to a director or company secretary is an accepted way of serving a corporate defendant and produces clear evidence of service.

What if the company has been dissolved?

A dissolved company cannot be served. You may need to apply to restore it to the register before proceedings can be validly served and continued.