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A: It is possible to make an application to the court for permission to extend the time for service of the claim form.
However, when such an application is made after the time for service has expired, the court will apply very stringent hurdles that you will need to overcome to obtain an order for extension of time.
You will need to:
Different considerations apply depending on whether you are seeking to serve in the jurisdiction or out of the jurisdiction.
Note: if limitation issues arise the court is much less likely to grant an order for an extension of time where to do so would deprive the defendant of a limitation defence*.
You may also wish to consider whether it is appropriate to make an application for alternative service if the reason for the failure is due to difficulties with service.
Note, however, that it is rare for alternative service to be ordered and will only be ordered if there are genuine and prolonged difficulties in trying to effect service or where an address for service cannot be ascertained, e.g. alternative service has been granted to serve via facebook.
For detailed assistance on this subject, Lexis®PSL Dispute Resolution customers can see Practice Note: Service of the claim form—extensions of time — Application after expiry of usual period for service.
*Lexis®PSL Dispute Resolution customers can see Practice Note: Service of the claim form—extensions of time — Limitation—depriving defendant(s) of a limitation defence.
Part of the Lexis®PSL Dispute Resolution Q & A series. Click here for a free one week trial of Lexis®PSL
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Janna is a dispute resolution lawyer with a Masters in Construction Law and Dispute Resolution. During her time in private practice at both Herbert Smith and Denton Wilde Sapte (now Dentons) she worked on complex international disputes, both litigation and LMAA arbitrations, dealing with technical cross border issues.
Janna deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. She also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession and was a contributing author for the Cook on Costs supplement dealing with the Jackson reforms. Janna is a frequent contributor to the legal and professional press, including the New Law Journal and Counsel magazine.
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