Service of the claim form—extensions of time
Produced in partnership with Sarah Bousfield of 39 Essex Chambers
Service of the claim form—extensions of time

The following Dispute Resolution guidance note Produced in partnership with Sarah Bousfield of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • Service of the claim form—extensions of time
  • Preliminary considerations
  • Agreeing an extension of time
  • Different CPR provisions for extending time for service
  • Application to extend time for service—CPR 7.6
  • Application to extend time for service—CPR 3.1(2)(a)
  • Hearing/on the papers and requirement for notice to the defendant
  • What you need to file
  • Supporting evidence required
  • Grounds on which the court will grant an extension before expiry
  • more

Preliminary considerations

When must the claim form be served?

The claim form must either be served within the validity period set out in CPR 7.5 or within the time periods prescribed by statute. In relation to CPR 7.5:

  1. when serving in the jurisdiction, the claimant must, for the particular method of service chosen, complete the required step set out in the table in CPR 7.5(1). That step must be taken before 12.00 midnight on the calendar day four months after the date of issue of the claim form'. Note, the deemed date of service is not relevant for determining whether a claim form has been served within the validity period,

  2. when serving out of the jurisdiction, the claimant must serve the claim form in accordance with Section IV of Part 6 within six months of the date of issue (CPR 7.5(2))

For detailed information, see Practice Note: When the claim form is valid for service (CPR 7.5).

Normal methods of service are considered in Practice Notes: Service of the claim form in the jurisdiction or EEA and Service out of the jurisdiction—methods of effecting service.

Would alternative service be appropriate?

If there are anticipated difficulties with the ability to effect service on the defendant through the normal methods of service, then, depending on the circumstances of the case, consider whether it