Ten Top Tips For Service Of Proceedings

Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips for avoiding the pitfalls and ascertaining whether your opponent has fallen into one.

1) Don't forget to write

Particulars of claim can be served up to 14 days after service of a claim form (CPR7.4(1)(b)) BUT must be served within the period of validity of the claim form (CPR7.4(2)). So if a claim form is served less than 14 days before the end of its period of validity there will NOT be an extra 14 days to serve the particulars of claim. This "trap for the unwary" should be avoided but, if it is not, it can be easier to get relief than in a case where a claim form has not been validly served (see tip nine below).

2) Don't go it alone

An application can be made without notice for a prospective extension of time for service of a claim form (CPR7.6). However, this is a dangerous step to take because a defendant can apply retrospectively for that extension of time to be set aside and, if that application succeeds, the claim will be struck out even if the claim form was validly served in the extended period. The better course, if more time is needed to formulate particulars of claim, is to serve the claim form within its period of validity and agree an extension of time for the particulars of claim or make a prospective application for such an extension on notice.

3) Love lawyers

Where a lawyer has been nominated to accept service of a claim form, it must be served on that lawyer (CPR6.7(1)) but service on a lawyer acting for a defendant is not valid if they have not been nominated to accept service. Service on a lawyer is an excellent way of avoiding the dangers of getting service wrong when trying to serve the defendant themselves. It is worth asking a defendant whether they have a lawyer nominated to accept service or asking the lawyer acting for a defendant whether they are nominated to accept service. But do chase an answer and do not assume one way or the other.

4) Get personal

Personal service (CPR6.5) is effective and can conveniently be done by a process server but it is generally underutilised. It is a great way to avoid the dangers of getting service wrong when trying to serve upon an address as it can be effected anywhere. But beware that it can take some time if the defendant seeks to avoid...