Q&As

We do not know the defendant's address for service but the solicitor who acts for the defendant’s insurer is aware of the address. Can an application be made for alternative service to serve the claim form on the defendant’s solicitor or insurer on the basis they will bring it to the defendant’s attention? Is there any case law on this area?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 18/06/2018

The following Dispute Resolution Q&A produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • We do not know the defendant's address for service but the solicitor who acts for the defendant’s insurer is aware of the address. Can an application be made for alternative service to serve the claim form on the defendant’s solicitor or insurer on the basis they will bring it to the defendant’s attention? Is there any case law on this area?
  • Service of the claim form in the jurisdiction
  • Alternative service

We do not know the defendant's address for service but the solicitor who acts for the defendant’s insurer is aware of the address. Can an application be made for alternative service to serve the claim form on the defendant’s solicitor or insurer on the basis they will bring it to the defendant’s attention? Is there any case law on this area?

Service of the claim form in the jurisdiction

In general, the obligation is on the claimant to include in the claim form an address at which the defendant may be served (CPR 6.6(2)). Subject to various exceptions, the claim form must then be served in accordance with CPR 6.9. The claim form must be served at the defendant’s usual or last known address. Where that is not known the claimant must take reasonable steps to ascertain the defendant’s current residence. Once this has been undertaken and the claimant is unable to ascertain the defendant’s current address, CPR 6.9(4) sets out that the claimant must consider whether there is an alternative place or alternative method by which service can be affected. If there is, CPR 6.9(5) provides that the claimant must make an application under CPR 6.15.

For guidance, see Practice Note: Service of the claim form—service in the jurisdiction.

Alternative service

CPR 6.15 provides that if there is a good reason to do so, it may authorise service

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