Difficulties with Service

Question 1

Which Civil Procedure Rule governs alternative service?
A. CPR 6.15
B. CPR 6.16
C. CPR 23
D. CPR 7.5

Answer 1

A. CPR 6.15
Explanation: CPR 6.15 allows courts to authorise service by an alternative method if there is good reason to do so.

Question 2

When will the court most likely dispense with service under CPR 6.16?
A. When the claim form is nearly expired.
B. When the defendant is already aware of the document.
C. When the solicitor refuses to accept service.
D. When the address of the defendant is uncertain.

Answer 2

B. When the defendant is already aware of the document.
Explanation: CPR 6.16 is usually used where the defendant has actual knowledge, making formal service unnecessary.

Question 3

A claimant cannot locate the defendant but knows they are represented by a solicitor who is not authorised to accept service. What should the claimant do?
A. Serve personally on the solicitor.
B. Apply for dispensing with service.
C. Apply to strike out the defence.
D. Apply for alternative service on the solicitor.

Answer 3

D. Apply for alternative service on the solicitor.
Explanation: The court can permit alternative service where standard service routes are not available.

Question 4

A claimant applies under CPR 6.15 to validate steps already taken to bring proceedings to a defendant’s attention. What must the court find?
A. That personal service has failed.
B. That the steps were not unreasonable.
C. That there is good reason to authorise the method used.
D. That the defendant instructed a solicitor.

Answer 4

C. That there is good reason to authorise the method used.
Explanation: The CPR requires that alternative service be justified by good reason — typically when conventional service is impractical.

Question 5

Which of the following is FALSE about dispensing with service?
A. It usually requires that the defendant is already aware of the document.
B. It is rarely granted for claim forms if the defendant is unaware of proceedings.
C. It cannot be used where service is merely inconvenient.
D. It can be used to remedy invalid service that has already occurred.

Answer 5

D. It can be used to remedy invalid service that has already occurred.
Explanation: Dispensing with service is not a tool for curing invalid service after the fact — it must be justified and applied for properly.