SERVICE OF THE CLAIM FORM: THE TIME FOR SERVICE AND THE ADDRESS FOR SERVICE: ESSENTIAL POINTS BEFORE THE ESSENTIAL CHECKLIST

May 16, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

In an earlier post I described the work done on a recent course when delegates developed checklists designed to avoid problems in key areas of civil procedure. I was planning to put the checklists up individually. However in social media is you have instant reaction. When some people expressed disbe...

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Tags: Avoiding negligence claims, Civil Procedure Rules, service of the claim form

3 Responses

Katherine · May 17, 2014 at 06:05:10 · →

Following on from this, what is the correct position where the long since dissolved defendant has been restored to the Register and it is unclear whether anyone would be present at the registered address to accept service? Should the claimant’s solicitors ask whether the insurers/their solicitors would accept service, or is it good service to serve on the restored defendant regardless?
David Willink · May 17, 2014 at 10:36:35 · →

As far as address for service is concerned, it is worth also noting the provisions of s.1140 Companies Act 2006. This provides for service on company directors at the address given for service in the register of directors. Crucially, this section applies whatever the purpose of the document in question. It is not restricted to service for purposes arising out of or in connection with the individual’s directorship or in connection with the company concerned (subsection 3).

This point was taken successfully in Key Homes Bradford Ltd & Ors v Patel [2014] EWHC B1 (Ch), where Master Marsh held that it is “… a parallel code …”, “… entirely outside the provisions for service in the CPR,” and “… of broad effect”, and provided a valid address for service of proceedings unrelated to the individual’s directorship.
Jane McBennett · May 21, 2014 at 07:41:49 · →

Regarding service of the Claim Form on a person who is not being sued as a business what is the position with regard to GPs or Consultants sued for Private treatment? In these cases it would be unusual to have a home address