If the court serves a claim form by post in disregard for the request of the claimant’s solicitors that...
If the court serves a claim form by post in disregard for the request of the claimant’s solicitors that the form should be sent to them to effect personal service when they are ready, is the court empowered to set the postal service aside?
There is no authority on whether service in this situation is bad. It may be good. The appropriate course—and the one normally adopted when the situation does arise—is for the time to be extended for filing and service of the particulars of claim (if not already served). In a personal injury claim there can be an extension for any medical report to be relied on and the schedule of loss. The duration of the extension may be the period sought by the claimant’s solicitors up to a maximum of four months from issue. If the particulars of claim have been served, the time for service of the defence can be suitably extended instead. The procedural judge is likely to be prepared
