Dispensing with service of documents—illustrative decisions
Dispensing with service of documents—illustrative decisions

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispensing with service of documents—illustrative decisions
  • Order made to dispense with service
  • Order not made to dispense with service

This Tracker lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions dealing with dispensing service of documents and whether they also apply when the defendant is out of the jurisdiction. The relevant CPR provisions are CPR 6.16 and CPR 6.28. Note, the service provisions in Part 6 underwent substantial change in 2008 and cases prior to that date are not included in this case tracker.

Order made to dispense with service

The court will only dispense with the requirement to serve the claim form in exceptional circumstances and this will be dependent on the specific circumstances of the case. The following judgments provide examples of the types of circumstances in which the court has exercised its power to dispense with service of the claim form. The examples begin with the most recent judgment:

Judgment and news analysisFactsJudgment
Punjab National Bank (International) Ltd v Vishal Cruises (Private) Ltd [2020] EWHC 1962 (Comm) at paras [111]–[116]There had been repeated attempts to serve a claim form under the Hague Service Convention over a period of 18 months and to notify by using other means. It was common ground that the defendants had received the claim forms and acknowledgments of service had been filed.The judge considered that the objections to service

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