The requirement is that documents must be served at the address nominated for this purpose by the prospective defendant under the rules. Where a solicitor was so nominated, it was not open to the claimant to serve papers at a different address. In this case, the claimant solicitors having noticed their mistake had not done whatever was in their power to correct the situation, and the claim was properly struck out. Rule 6.8 dealt with the idea of substituted service, and not with the correction of errors in service.
Citations:
Times 14-Feb-2001, [2002] 1 WLR 1043, [2001] EWCA Civ 127
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc CA 14-May-2003
In each case claims had been late in being served and extensions in time were sought and refused.
Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to . .
Applied – Firstdale Ltd v Quinton ComC 5-Aug-2004
In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Civil Procedure Rules
Updated: 19 May 2022; Ref: scu.84161