Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Printer Friendly Version
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
0330 161 1234