Difficulties with service of the claim form—practical considerations
Published by a LexisNexis Dispute Resolution expert
Practice notesDifficulties with service of the claim form—practical considerations
Published by a LexisNexis Dispute Resolution expert
Practice notes
This Practice Note considers the different options that may be available to either the claimant when encountering difficulties with serving the claim form in time or to the defendant when either requiring the claimant to serve the claim form or seeking to challenge the court’s jurisdiction on the basis that service of the claim form was invalid or seeking discontinuance of the claim.
Claimant—potential difficulties with service
Unable to serve within the time required
A claim form will only be valid for service if served within the relevant time frame provided for in either the rules within the CPR or by statutory time limits; the time limits for serving the claim form differ depending in whether the claim form is served in England and Wales or in a different jurisdiction. For guidance, see Practice Note: Service of the claim form—time periods for service.
The authorities in this area show that the courts have little sympathy for a claimant who fails to serve the claim form in time. This view applies equally to litigants in person,
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