Service of Claim Form Out of Time

Smith v Probyn and another (QBD LSG 23 March)

The claimant served a claim form on the defendant’s solicitors in the mistaken belief that they were authorised to accept service even though they had not obtained written notification from the defendant’s solicitors as required by CPR rule 6.4(2). The solicitors were not authorised to accept service and as there was nothing to prevent personal service it could not be said that the claimant took all reasonable steps to serve the claim form but was unable to do so. Accordingly the application for an extension of time for service was refused.