Q&As

The claim form has not been served in time. What can I do?

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Published on LexisPSL on 27/01/2014

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

  • The claim form has not been served in time. What can I do?

It is possible to make an application to the court for permission to extend the time for service of the claim form. However, when such an application is made after the time for service has expired, the court will apply very stringent hurdles that you will need to overcome to obtain an order for extension of time.

You will need to:

  1. make the application promptly—do not delay making the application, as this could impact on whether the court will make such an order

  2. provide supporting evidence

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