Issues with service

Copyright © 2026 LexisNexis
This Overview signposts the key materials on issues with service in civil proceedings, with links to guidance and precedents. Service of the claim form and other documents is foundational to jurisdiction, case management and time limits; defects can be fatal, affect limitation, and lead to default judgments being set aside.

Practitioners should understand the framework in CPR Part 6 and its Practice Directions, including permitted methods, deemed dates, and places of service for individuals, companies and partnerships. Particular risks arise around: agreement to accept service by email; identifying an address for service for corporate defendants; service on solicitors; and the validity period of a claim form, extensions and retrospective validation. Applications for alternative service or dispensation (CPR 6.15–6.16) and for documents other than the claim form (CPR 6.27) require cogent evidence and prompt action.

Cross‑border service engages the Hague Service Convention 1965 and, where applicable, other international instruments. Practitioners should consider when permission is required, the jurisdictional gateways (PD 6B), and the role of the Foreign Process Section as Central Authority.

Related issues include challenges to jurisdiction (CPR 11), mandatory set aside of default judgment for non‑service (CPR...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

Territorial limitations apply when serving pre-action disclosure applications out of the jurisdiction (Ebert v Ferrari)

Dispute Resolution analysis: The High Court held that section 33(2) of the Senior Courts Act 1981 (SCA 1981) does not permit pre-action disclosure...

Dispute Resolution weekly highlights—3 September 2026

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...

GLD and Cabinet Office update list of authorised government departments under CPA 1947

The Government Legal Department (GLD) and Cabinet Office have published an updated list of authorised government departments under section 17 of the...

No power to revise costs budgets in the absence of significant developments (Bassey v Whittaker)

Dispute Resolution analysis: In Bassey v Whittaker, Mr Justice Cavanagh held that, absent agreement between the parties, a significant development in...

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a