Difficulties with Service Flashcards
What may the Court do if service by standard methods are not possible or ineffective?
May order Alternative service or Dispensing with Service
When is Alternative service available?
Good reason exists (other methods ineffective or impossible)
What are requirements for alternative service?
Apply to court with reasons, and propose alternative method
What is an example of alternative service?
Serving on unauthorised solicitor, Placing notice in newspaper to inform D
When is dispensing with service available?
The other party is already aware of the document
What is an example of dispending with service?
D agrees to amended particulars of claim - may allow amendment without formal service
Is court likely to dispense service of claim form?
Very unlikely unless D aware of proceedings