Jurisdiction(s):
United Kingdom

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

Contractual service of claim forms under CPR 6.11: process agents, timing, exclusivity, survival, jurisdiction interplay and service out (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note reviews service of the Claim form where a Contract between the parties sets out an agreed method for serving court documents. It explains the requirements for service of the claim form under CPR 6.11. For guidance on:

contractually agreed methods of service, see Practice Note: Contractually agreed methods of service
methods of service in the jurisdiction, see Practice Note: Service in England and Wales—a guide for dispute resolution practitioners
methods of service out of the jurisdiction, see Practice Note: Cross-border service—methods of effecting service

The claim form—CPR 6.11 requirements

CPR 6.11 addresses situations where the parties have contractually agreed a method of service or a place for service of the claim form. The following must be observed:

Requirement: the Claim must be solely in respect of that contract.
Judgment: this was considered in Taberna Europe CDO II PLC v Selskabet [2012] EWCA Civ 1701 at para [11] on an application for permission to appeal. The Court of Appeal held that the claim arose solely in respect of the contract. It did not arise ‘in connection with’ any other contract or any other cause of action, even...

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Web page updated on 21/05/2026

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