Q&As

I am having difficulty serving the claim form. What can I do?

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Published on LexisPSL on 30/01/2014

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • I am having difficulty serving the claim form. What can I do?

Solicitors for the claimants can encounter all manner of difficulties in seeking to serve the claim form, especially within the time frame required under the provisions within the CPR. Below are some examples of the types of difficulties that maybe faced and what is available to deal with that difficulty:

  1. problems in determining the location of the defendant or problems with the method of service. The courts have been more open recently to service by other methods, which can be of assistance when the location of the defendant has been difficult to determine, eg service of the claim form by email, through Twitter or Facebook. For more information, see Practice Note: Alternative service—principles

  2. problems with seeking to effect service in another jurisdiction within the time constraints for service. It is important, at an early stage, to seek information on how long it will take to effe

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