When legal papers need to reach someone, the instruction often goes to a process server. Solicitors use them routinely, and businesses and private individuals sometimes instruct one directly.
It helps to know what a process server actually does, what they cannot do, and what you need to give them. This guide covers the practical side. It is not legal advice, and the rules that apply to your documents should always be confirmed by your solicitor.
Service is a procedural step, not a delivery
Serving a document is not the same as getting an envelope to someone. In civil proceedings in England and Wales, the Civil Procedure Rules set out how documents may be served, and different documents and proceedings can have different requirements. Some must be served personally. Others may allow other methods.
Where personal service is used, Part 6 of the Civil Procedure Rules describes serving an individual by leaving the document with that individual. For a company, it describes leaving the document with a person holding a senior position. If the other side has a solicitor who has confirmed they can accept service, the rules may require service on that solicitor instead. This is why the instruction matters so much: the process server needs to know which method has been chosen and why.
Do not assume that posting a document, emailing it or handing it to a family member will satisfy the rules for your case. Your legal adviser should confirm the permitted method, the deadline and any relevant court directions.
What a process server can do
A process server's job is to carry out an agreed instruction carefully and record what happened. In practice, that usually means:
- attending the address or addresses you have provided
- identifying the intended recipient as reliably as the information allows
- serving the documents by the method set out in the instruction
- making further attempts at different times where that has been agreed
- recording each attendance accurately, including dates, times and outcomes
- providing the form of service evidence your adviser has asked for
An accurate account of an unsuccessful attendance is still valuable. It lets your solicitor assess the next procedural step rather than assume service has taken place.
What a process server can't do
There are clear limits, and a reputable process server will tell you about them before you instruct.
- They cannot guarantee service. The recipient may be away, may have moved, or may not be identifiable from the details supplied.
- They cannot advise on the law. Whether a step meets the requirements of the proceedings is for your legal adviser to assess.
- They cannot force their way in or use force. A process server has no special power to enter a property or detain anyone.
- They should not mislead. Pretending to be someone else to get a person to the door is not part of a professional instruction.
- They cannot replace a court order. If the usual methods are not working, alternative service may need a solicitor's advice and an application to the court.
If the recipient has moved, a process server can report what was established at the address. Finding a new address is a separate tracing enquiry, and the scope and cost of that work should be agreed before it starts.
What to include in your instruction
A clear written instruction should set out:
- the court or tribunal, case reference and jurisdiction
- the documents to be served, with the correct versions identified
- the recipient's correct legal name and any identifying information you legitimately hold
- the address to attend and why you believe it is current
- the deadline and where it comes from
- the permitted method and any relevant court directions
- any practical risks or safety concerns at the address
- the form of evidence required, and where and when it should be returned
If you are unsure about any of these points, say so. An unknown flagged early can usually be resolved.
Our free guide, Preparing documents for service, includes a blank instruction checklist you can download and fill in.
Urgent and international matters
If service is urgent, put the actual deadline in your first message, not in an attachment, and check availability before relying on an attendance. If the papers involve more than one country, raise it immediately. International service has its own requirements and should not be treated as an ordinary UK delivery.
Instructing a process server in London and across the UK
PDC serves legal documents for solicitors, businesses and private clients in London and across the UK, working from the instructions for each matter. We discuss the planned number of attempts, reporting and any additional costs before work begins, and we record each relevant step accurately. You can read more on our process serving page, and solicitors may find our support for legal professionals page useful.
If you have papers to serve and a date to work to, contact us with the deadline and a short outline, and we can discuss what is practical.
Last reviewed: . This article is general information, not legal advice. Laws and official procedures change, so check the original sources before acting.