Service of the claim form in the jurisdiction—no service address has been provided (CPR 6.9)
Service of the claim form in the jurisdiction—no service address has been provided (CPR 6.9)

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

  • Service of the claim form in the jurisdiction—no service address has been provided (CPR 6.9)
  • Can I still serve the claim form?
  • Failure to comply with CPR 6.9
  • Place of service (CPR 6.9(2))
  • Multiple occupancy of an address
  • Individuals
  • Multiple businesses at the address
  • Ascertaining the defendant’s current residence (CPR 6.9(3) and CPR 6.9(4))
  • Taking reasonable steps
  • After taking reasonable steps (CPR 6.9(4))
  • More...

Can I still serve the claim form?

Where the defendant has not provided an address for service, CPR 6.9(1) provides that the claim form may be served at an address provided for in CPR 6.9(2) if one of the following is not applicable and the claimant does not wish to effect personal service:

  1. personal service. For guidance, see Practice Note: Service of the claim form—personal service (CPR 6.5)

  2. defendant has given an address at which the defendant maybe served. For guidance, see Practice Note: Service of the claim form—service in the jurisdiction—Service of the claim form on the defendant where an address has been provided before service (CPR 6.8)

The claimant will then need to determine a place of service as provided for in CPR 6.9(2).

Failure to comply with CPR 6.9

Where the defendant has not provided an address for service it is imperative to ensure compliance with the provisions in CPR 6.9 as a failure to do so will result in invalid service of the claim form. This will render any order or judgment obtained against the defendant irregular. The defendant against whom a judgment is made will then have an absolute right to have the judgment or order set aside.

Where the provisions in CPR 6.9 are complied with service will be valid. If the defendant does not respond and the matter gets to trial the

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