Q&As

Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on the defendant’s insurers or should service be on the defendant’s solicitors?

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Published on LexisPSL on 20/06/2019

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

  • Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on the defendant’s insurers or should service be on the defendant’s solicitors?
  • Is the dispute one under contract?
  • Service on a prisoner
  • Whether to serve on the solicitor or the insurer

Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on the defendant’s insurers or should service be on the defendant’s solicitors?

This Q&A considers the service of a claim form in the jurisdiction on a defendant who has not provided an address for service.

Is the dispute one under contract?

If the dispute is in relation to a matter under a contract which provides for a contractually agreed place for service that address should be used for service (CPR 6.11). See Practice Note: Service of the claim form by a contractually agreed method (CPR 6.11).

Service on a prisoner

It would appear from the question that there is a possibility that the defendant is still in prison. When seeking to

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